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Losing a loved one is always difficult regardless of the circumstances. Unfortunately, in addition to the emotional aspect, losing a loved one has many complicated financial aspects as well. You may have incurred medical, funeral, or burial expenses, or you may need to make up the income your loved one used to provide for your family.
When another person is at fault for your loss, a compassionate personal injury attorney could help you get compensation for some of the expenses you had to bear. No amount of money can replace your loved one, but a Greenville wrongful death lawyer may be able to help you recover from the financial strain this difficult time may have imposed on you.
Under state law, when one person injures another through careless, negligent, or intentional action, they are responsible for compensating the injured person for the losses the injured person sustained due to that action. Per South Carolina Code of Laws Section 15-51-10, when a person is responsible for the injuries they caused another person, they remain responsible even when the other person dies as a result of those actions. This is known as a wrongful death claim.
Because of the breadth of this definition, wrongful death claims can arise from any number of situations, including:
A lawyer in Greenville could help a deceased person’s surviving loved ones determine whether their circumstances could be grounds for a wrongful death claim.
Not everyone can bring a wrongful death claim on behalf of a deceased person. South Carolina Code of Laws Section 15-51-20 provides that any proceeds from a wrongful death claim will be divided among the deceased person’s spouse and children. When the deceased person had neither a spouse nor any children, the proceeds will instead go to their parents. The proceeds will benefit the deceased person’s heirs when they also did not leave behind either of their parents. A Greenville attorney with experience in wrongful death claims could help a surviving family identify the appropriate beneficiaries.
In addition, the statute clarifies that although multiple people may receive the proceeds of a wrongful death claim, they may not each bring their own lawsuit independently. Instead, the administrator or executor of the deceased person’s estate is responsible for bringing one wrongful death claim and then providing any compensation to the appropriate family members. The administrator or executor of the deceased person’s estate will be either the person named in the deceased person’s will or the person named by the court during the probate process.
The loss of a loved one can bring a variety of financial, logistical, and administrative burdens at a time when you should be able to focus as much of your mental and emotional energy as possible on grieving your loss in the best way for you.
You may deserve compensation for financial expenses and burdens when the wrongful or negligent actions of another person caused the loss of your loved one. Schedule a free consultation with a Greenville wrongful death lawyer to learn whether this may apply to you.