South Carolina Personal Injury Lawyer Explains Legal Options After a Tragic Incident
Accidents can have major life-altering consequences, leaving victims and families to deal with physical injuries, emotional distress, and financial challenges. Two common types of civil cases that arise from such incidents are personal injury and wrongful death claims. While both seek to provide compensation for damages caused by another party's negligence, they have distinct characteristics, legal requirements, and purposes.
The Purpose of Personal Injury and Wrongful Death Claims
Personal injury claims in South Carolina compensate individuals who have suffered harm due to another party's negligence. These cases focus on the victim's recovery, ensuring they have the resources needed to heal and adapt to any long-term effects of their injuries.
Wrongful death claims, on the other hand, seek to compensate the deceased's family members for their losses. These cases acknowledge the void left by the deceased and aim to provide some measure of financial security for those left behind.
Who Can File the Legal Action?
In personal injury cases, the injured party (plaintiff) brings the claim against the person or entity responsible for their injuries (defendant). The plaintiff is typically the person who directly suffered harm in the incident.
Wrongful death lawsuits are brought by the executor or administrator of the deceased person's estate on behalf of the surviving family members. This is typically a close family member, such as a spouse, child, or parent.
What Is the Statute of Limitations?
The statute of limitations for personal injury claims in South Carolina is typically three years from the date of the injury. This means that plaintiffs must file their lawsuit within this timeframe or risk losing their right to seek compensation.
For wrongful death claims in South Carolina, the statute of limitations is also three years, but it starts from the date of death. It's crucial to note that this is different from the date of the injury that led to the death.
Who Are the Beneficiaries of a Settlement or Verdict?
In personal injury cases, the injured individual is the primary beneficiary of any damages awarded. They are compensated for their own losses and suffering.
In wrongful death cases, the beneficiaries are typically the surviving family members. South Carolina law specifies that the deceased's spouse and children are the primary beneficiaries. If there is no spouse or child, then the deceased's parents may recover. If none of these parties exist, then the deceased's heirs may be entitled to recovery.
What Damages Could You Receive in a Claim?
Damages in personal injury cases typically include:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Property damage
Recoverable damages in wrongful death cases may include:
- Funeral and burial expenses
- Medical costs incurred before death
- Loss of financial support the deceased would have provided
- Loss of companionship and guidance
- The family's pain and suffering
- Punitive damages in cases of extreme negligence
South Carolina Survival Action Claims
South Carolina law recognizes survival actions in addition to personal injury and wrongful death claims. A survival action is a claim that "survives" the injured person's death. It's based on the deceased's right to sue for their injuries had they survived. The personal representative of the deceased's estate brings this type of claim.
Survival actions differ from wrongful death claims in that they focus on the suffering of the deceased before death, rather than the loss experienced by the family. Damages in a survival action may include the deceased's medical expenses, lost wages, and pain and suffering from the time of injury until death. These damages become part of the deceased's estate.
In many cases, wrongful death claims and survival actions can be filed simultaneously, providing comprehensive compensation for the deceased's suffering and the family's loss.
Modified Comparative Negligence in South Carolina Claims
South Carolina observes a modified comparative negligence rule in both personal injury and wrongful death cases. This means that if the injured person was partially at fault for the incident, it could affect the compensation they are awarded.
If the plaintiff is more than 50% at fault, they cannot recover damages. If they are 50% or less to blame, their recoverable damages are reduced by their percentage of fault. This rule adds another layer of complexity to both types of cases, further emphasizing the importance of having experienced legal representation to protect your interests.