What are the statutory requirements to bring a wrongful death lawsuit in Lexington County?

Lexington County, SC – People who have been killed in accidents cannot personally bring lawsuits against the person or business responsible for their death, but their family can file the case on their behalf and receive compensation. A wrongful death lawsuit is similar to other negligence cases that follow injuries, although there are some crucial differences. The family needs to confirm that the person who was injured is actually deceased from their accident before a wrongful death case can begin. Other requirements should be reviewed with a local personal injury lawyer to determine how to proceed. 

Parties who are eligible

There are certain family members who can benefit from the case in a situation where the deceased person would have been able to bring a personal injury lawsuit if they had survived. The lawsuit needs to actually be brought by the person who is the executor of their estate. This individual needs to be named in a will or other estate planning documents, or they can be appointed by the court if no such appointment exists. The family does not necessarily bring the case directly, although they can benefit from the money that the case pays out.

The damages collected in the lawsuit are distributed to either the spouse, children, or parents in that order, but extended heirs can also collect the money if none of those parties are available. If the case involves the death of a child, the parents are able to collect the money in this manner on their child’s behalf.

Compensation in wrongful death cases

A lawsuit related to a fatal accident allows for a few different kinds of compensation. This includes the person’s final medical treatment, the value of their lost income and other services, and additional expenses that were necessary for their funeral and burial. There is also a special category called exemplary damages that can be added to the other kinds of compensation if there is evidence that the defendant acted with recklessness, malice, or willfully caused the fatal injury. As a general rule, those with higher earning potential and more financial consequences related to their death will provide evidence that can be used by the family to prove larger amounts of damages. 

Personal injury attorneys in South Carolina

The Clekis Law Firm is a personal injury practice that works with  people who need assistance in the area of Lexington County and other parts of South Carolina. Their attorneys can provide more specific advice during a consultation before a lawsuit. 

USAttorneys.com is a web service that helps people find the right lawyers to assist with their problems. Anyone who needs a referral to an attorney can call 800-672-3103

Firm contact info:

The Clekis Law Firm

171 Church St., Charleston SC, 29401

[email protected]



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