Your Rights In Filing A Wrongful Death Claim


Nothing is worse than the loss of a loved one. When it happens as a result of personal injuries suffered due to someone else’s negligence, the mix of anger and grief is almost unbearable. Nothing can bring back the one who is gone or ease your pain, but filing a wrongful death claim can provide a sense of justice and closure. Even in situations where your loved one may have been partially at fault, you may still be entitled to compensation for the losses you suffer. Learn more about your rights in filing a wrongful death claim.

Filing A Wrongful Death Claim

Under Section 15-51-10 of the South Carolina Statutes, a wrongful death claim may be filed when a loved one dies as a result of neglect or negligence on the part of another party. Negligence involves either taking actions a normal person would not otherwise take which results in injuries, or not taking the reasonable actions needed to prevent injuries from occurring. Wrongful death claims may be filed in the following types of cases:

  • Car, truck, and motorcycle accidents;

  • Bicyclists or pedestrian accidents;

  • Sports and recreational accidents;

  • Slips, falls, burns or other types of injuries suffered on another’s property;

  • Fatal injuries that occur as a result of dangerous products and manufacturer errors.

Those entitled to file a claim for wrongful death include survivors who are blood relatives, such as parents, children, or other family members, those related by marriage, such as spouses or stepchildren, and personal representatives of the victim’ estate.

Filing a Wrongful Death Claim When the Victim’s Actions May Be Partly Responsible

A recent two-vehicle car accident in Aiken County claimed the life of a local man. According to a November 22, 2019 WJBF News report, it happened at the intersection of Pine Log Road and Piney Heights Road at just after 11:00 a.m. Witnesses claim the 30-year-old driver was traveling down the road when he attempted to make a turn. Unfortunately, it put him directly in the path of a cement truck approaching from the opposite direction. The man was taken to a local hospital but later died as a result of his injuries.

While his actions in making the turn may have contributed to the crash, his survivors may still have the right to file a wrongful death claim. By law, they are entitled to compensation for his outstanding medical expenses, lost income, and their pain and suffering provided he was not more than 50 percent responsible for the accident. If the cement driver was speeding, driving distracted, under the influence, or engaged in other reckless driving behavior, the amount the victim’s survivors would receive would be reduced, but they could still get some justice for their loved one.

Contact Us Today

At the Surasky Law Firm, LLC, we know that no amount of money could make up for the loss of a family member. Our goals are to inform you on your rights in filing a wrongful death claim, help you get closure, and ensure you are provided for in a way your loved one would have wanted. To discuss your case and how we can help, contact our Aiken personal injury attorney and request a consultation today.

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