Wrongful death FAQ – Everything you need to know about a wrongful death lawsuit
At the John Mobley Law Firm, we hope you never experience the loss of a loved one because of someone else’s negligence. If you do, though, you might be able to file a wrongful death lawsuit. If you are considering filing a wrongful death claim, contact us today for a free consultation. Here’s what you need to know.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a legal action brought by the family members or beneficiaries of a person who has died because of the wrongful or negligent act of another person or entity. The purpose of a wrongful death lawsuit is to seek compensation for the damages caused by the death of the victim.
Who can file a wrongful death lawsuit?
The specific laws governing who can file a wrongful death lawsuit vary by jurisdiction, but generally, it is the immediate family members or beneficiaries of the deceased who can file the lawsuit. This can include the spouse, children, parents, and siblings of the deceased.
What damages can be recovered in a wrongful death lawsuit?
The damages that can be recovered in a wrongful death lawsuit typically include compensation for:
- Medical expenses incurred before the death of the victim
- Funeral and burial expenses
- Lost income and future earnings that the victim would have earned had they not died
- Loss of companionship, guidance, and emotional support
- Pain and suffering of the surviving family members
What is the burden of proof in a wrongful death lawsuit?
The burden of proof in a wrongful death lawsuit is typically on the plaintiff (the person bringing the lawsuit) to prove that the defendant (the person or entity being sued) was responsible for the death of the victim. This often requires the plaintiff to show that the defendant was negligent or engaged in intentional misconduct that caused the death.
What is the statute of limitations for filing a wrongful death lawsuit?
The statute of limitations for filing a wrongful death lawsuit in South Carolina is three years. It is important to consult with your attorney as soon as possible to ensure that the lawsuit is filed within the appropriate time frame.
What should you look for in a wrongful death attorney?
When choosing a wrongful death attorney, it is important to look for someone who has experience handling similar cases and who is compassionate and understanding of the emotional toll that a wrongful death can take on a family. It is also important to choose an attorney who is dedicated to fighting for your rights and who is willing to take the case to trial if necessary.