The sudden loss of a loved one can leave a family facing not only emotional devastation but also serious financial hardship. When that loss is caused by another party’s negligence, South Carolina law allows surviving family members to pursue a wrongful death claim to recover damages.
In Charleston, these claims are governed by strict legal guidelines, including a three-year statute of limitations and specific rules on who can file on behalf of the deceased’s estate. Understanding how these laws apply is crucial to ensuring a fair settlement.
In this guide, an experienced Charleston wrongful death lawyer will help you understand five key losses that can significantly impact the value of a wrongful death settlement. From medical expenses to lost future earnings, these factors play a critical role in determining the compensation families may receive.
Key Losses That Affect a Wrongful Death Settlement
1. Medical Expenses Before Death
If the deceased received medical treatment before passing away, those costs are typically included in a wrongful death claim. Expenses such as emergency room visits, surgeries, hospitalization, and medication can accumulate quickly, especially in cases involving severe injuries.
Under South Carolina law, these medical costs are considered compensable damages, as they directly result from the at-fault party’s negligence. It’s critical to keep track of all medical bills and documentation related to the deceased’s treatment to ensure they are included in the final settlement.
2. Loss of Financial Support
The financial contributions the deceased would have provided to their family significantly affect the settlement value. This includes lost wages, benefits, and future earnings that the deceased would have accumulated over their lifetime. Courts consider factors such as:
- The deceased’s age and life expectancy
- Their earning potential and career trajectory
- The number of dependents relying on their income
For families who depended on the deceased as the primary income source, the financial loss can be substantial, making this one of the most significant components of a wrongful death settlement.
3. Funeral and Burial Costs
Funeral and burial expenses can also significantly impact the value of a wrongful death settlement. According to the National Funeral Directors Association, the average cost of a funeral in South Carolina is around $7,000. This amount can increase significantly depending on factors such as location, type of service, and casket or urn chosen.
Fortunately, these costs are generally considered compensable damages in a wrongful death claim. However, it’s essential to gather all receipts and documentation related to these expenses to ensure they are adequately compensated for.
4. Loss of Companionship and Emotional Suffering
The emotional toll of losing a loved one extends beyond financial losses. South Carolina law acknowledges the impact of losing a spouse, parent, or child by allowing compensation for loss of companionship, guidance, and emotional suffering. This is particularly significant for children who lose a parent or spouses who lose lifelong partners. The courts consider the nature of the relationship and the role the deceased played in the family when determining compensation.
5. Pain and Suffering of the Deceased
If the deceased endured pain and suffering before passing away, compensation may be awarded for their conscious suffering. This is different from the emotional suffering experienced by surviving family members.
South Carolina law permits these damages as part of a survival action, which is often pursued alongside a wrongful death claim under S.C. Code Ann. § 15-51-40. This statute allows the estate to recover damages for the pain and suffering the deceased experienced before death, ensuring that their suffering is not overlooked.
Conclusion
A wrongful death settlement is influenced by multiple factors, including financial losses, emotional suffering, and legal considerations. Understanding these key losses can help families ensure that they receive fair compensation for their tragic loss. South Carolina law provides a framework for seeking justice, making it crucial for families to be aware of their rights when pursuing a claim.
