Greenville, South Carolina Wrongful Death Attorney
Wrongful death in South Carolina is a claim against a person or entity held liable for a person’s death. A wrongful death claim is not a criminal action, but a civil action usually brought by close relatives. In South Carolina, the standard of proof for wrongful death is typically preponderance of evidence as opposed to “beyond a reasonable doubt”. Damages awarded from a wrongful death suit are generally not considered part of the deceased person’s estate and are therefore not taxable.
Serious negligence often results in injuries which are fatal. When a loved one is taken unexpectedly, under preventable circumstances, the sense of grief is only compounded by frustration and anger toward the negligent party that is responsible for the wrongful death. The South Carolina wrongful death lawyer and staff of Dan Pruitt Law Firm work with compassion, confidentiality, and diligence to help you through this terrible time. While we can’t undo the harm that’s been done, we can help you seek justice for your family and to prevent this type of neglect from happening again.
Compensation is greater if the family is monetarily affected, such as economic loss of a wage earner who supported the family. And in some cases a survival action brought in conjunction with a wrongful death suit can be used to compensate for mental anguish of close family members.
A South Carolina wrongful death attorney will collect pecuniary, or financial injury which resulted from the deceased person’s death. This includes medical and funeral expenses and loss of unrealized inheritance and support services.
Punitive damages are damages awarded for the exact purpose of punishing the negligence that resulted in the wrongful death and deterring similar negligence in the future. Wrongful death, under South Carolina law, may include punitive damages only if “actual damages” are awarded.
For more information regarding wrongful death in South Carolina, please review Title 15: Chapter 51 of the South Carolina Code of Laws.
SECTION 15-51-40. Damages; amount and to whom payable. In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, willfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought.
- Medical mistakes
- Car or airplane accidents
- Criminal attacks
- Work-related exposure to dangerous conditions or substances
- Death during a supervised activity
If a loved one has been killed due to the negligence of others, contact our office to schedule a free consultation.