Charleston Wrongful Death Attorneys
Few things are as difficult to cope with as the knowledge that your loved one died in an accident that could have been prevented. The death of a loved one is an exceedingly difficult time for the family and legal action is likely the last thing on your mind. However, it may be in your family’s best interest to take action against the person or business responsible for the accident and pursue the financial assistance your family needs to work through the lifelong consequences of your loss. Additionally, a successful lawsuit can help you gain closure, knowing that the responsible party has been brought to justice and held accountable for the devastating effects of their wrongdoing.
At Clawson and Staubes, LLC: Injury Group, we have extensive experience handling wrongful death cases. We can assist you with developing a comprehensive legal strategy to pursue compensation for a wrongful death claim following assault and battery, boating and watercraft accidents, construction accidents, premises liability accidents, products liability accidents and workplace accidents, amongst others.
Wrongful Death Action
Under South Carolina law, the wrongful death action is for the benefit of the spouse, children, or parents of the deceased for the purpose of compensating them for the loss occasioned by the death of the decedent. The damages recoverable are those sustained by the statutory beneficiaries resulting from the death of the decedent.
Wrongful death damages include economic loss, which includes the prospective earnings of the decedent, loss of the decedent’s ability to earn money for the support, maintenance, care, and protection of the beneficiaries, and for the education and training of his/her minor children. Wrongful death damages also include mental shock and suffering, wounded feelings, grief and sorrow, loss of companionship, deprivation of the use and comfort of the deceased’s society, and loss of the decedent’s experience, knowledge, and judgment in managing the affairs of him/herself and their beneficiaries.
The beneficiaries are entitled to recover all past, present, and future damages, which are naturally the proximate consequence of the wrongful act. In addition to actual damages, punitive damages may be awarded in a wrongful death action when the defendant has acted recklessly, willfully, or maliciously.
Under South Carolina law, the survival action is for the benefit of the estate of the deceased. Under a survival action, the estate is entitled to recover damages that occurred prior to death. This includes damages for the decedent’s conscious pain or suffering, emotional distress, medical expenses, and reasonable funeral expenses.
Consult with a Wrongful Death Lawyer in Charleston
If a loved one has been killed as the result of the negligence of another, you should speak with one of our attorneys about the civil remedies available to you. To speak with an attorney at Clawson and Staubes, LLC: Injury Group about the specifics of your claim directly, please call our offices today at (843) 720-0810.The inclusion of specific practice areas on the Clawson & Staubes: Injury Group website is informational in nature and is not an exhaustive listing of the areas of law in which the attorneys at Clawson and Staubes practice. Nothing contained in this website is intended to compare the type or quality of our services to the type or quality of any other lawyer or law firm’s services or to imply specialization or certification by any organization not previously approved by the South Carolina or North Carolina State Bar Board of Legal Specialization.