In states with pure comparative negligence laws, plaintiffs can seek to recover damages as long as the other party is at all to blame for the accident. North Carolina is one such state. Wrongful death laws vary across the country, though.
South Carolina law follows modified comparative negligence rules. The key difference here is that the plaintiff's assigned fault must be no more than 50 percent. If the victim is 51 percent or more at fault, they are barred from recovering compensation for their losses.
The Effect on Recoverable Damages in a Wrongful Death Claim
The process of filing a wrongful death claim in South Carolina covers numerous aspects, and many can be up for debate. The experienced personal injury attorneys at Pracht Injury Lawyers are well-equipped to formulate compelling arguments to support your case.
South Carolina is an at-fault state. The person or party responsible for causing the damages is responsible for compensating victims for their losses. Under the doctrine of comparative negligence, though, legal liability isn’t a case of all or nothing.
Variations in the percentage of assigned fault can dramatically impact the total settlement amount. If damages total $975,000 in a wrongful death case, re-assigning blame by just 10 percent can change the effective payment by $97,500.
Possible Damages You May Seek to Recover
Along with making the case for a fair allocation of blame, calculating damages in a wrongful death case can be open to interpretation too. For fair and full compensation, it’s crucial to consider all short-term and long-term losses associated with the accident. Wrongful death damages may include:
- Medical bills
- Funeral and burial costs
- Loss of future wages and benefits
- Loss of support and consortium
- Emotional pain and suffering
Often filed simultaneously with a wrongful death claim, survival action cases seek recovery for losses suffered by your family member between the accident and their passing. These may include medical expenses, pain and suffering, and property damage. Punitive damages may apply to both wrongful death and survival action cases.
Your Family May Be Entitled to a Sizable Settlement If a Loved One Was the Victim of a Preventable Fatal Accident
No amount of money can ever replace the loving presence of your late relative. Even so, a positive outcome from a wrongful death lawsuit provides much-needed financial relief during a difficult time. A pending criminal case may provide some sense of justice, but it’s only through civil action that your family receives any monetary compensation.
You don’t need to travel this challenging road alone. Hiring a wrongful death lawyer provides valuable insight and a strong advocate for your best interests. The legal team at Pracht Injury Lawyers will work diligently to gather evidence and formulate a compelling strategy, taking the case to court if necessary.
