Spartanburg Wrongful Death Lawyer & Attorney

The loss of a loved one is the most devastating type of trauma a person can go through. The thought that the negligence of someone else led to that death makes the devastation even worse. While nothing can bring your loved one back,Southeastern Law Group can get justice for your loss through compensation for the medical expenses your loved one incurred prior to death, their pain and suffering, and for funeral expenses. We can also help family members seek compensation for lost wages and loss of companionship.

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Wrongful death may be the result of several factors. Some examples of problems or situations that lead to wrongful death cases include:

• Product liability, in which a product has been made with flaws or fails to perform, resulting in death
• Police negligence or jail negligence, in which officers or jailers act in a manner (either with deadly force, using weapons, or by not intervening or monitoring) that leads to severe injury and death
• Car accidents or commercial truck accidents that result in death
• Nursing home negligence or abuse, in which caretakers either fail to adequately provide care or forcefully cause injury or death
• Medical malpractice, in which health care providers misdiagnosis, prescribe incorrect medications, or perform faulty procedures, or pharmaceutical companies make faulty products or poorly warn of side effects

Wrongful death refers to any death that is the result of misconduct or negligence of another. When this occurs, the surviving members in the victims family may sue for wrongful death. Wrongful death suits can also be initiated by a personal representative on the decedents estate.

Most of the time a wrongful death lawsuit follows after a criminal trial. The following trial will use similar evidence, but will not have to establish guilt beyond reasonable doubt. However, it's worth noting that just because someone is found liable for a wrongful death does not necessarily mean that they will be convicted of a crime associated with that death.

When To File A Wrongful Death Claim

There are a multitude of instances where it's appropriate to file a wrongful death claim. Some of the most common reasons are:

• Criminal behavior
• Death that resulted during a supervised activity

• medical malpractice
• auto accidents

• Exposure to hazardous conditions and substances while working.
  

There are many other situations where it would be advised to file a wrongful death claim. If you have questions on whether you should file a wrongful death claim in Greenville, SC, call Southeastern Law Group PA at 864-285-3700.

Who Can File A Wrongful Death Claim?

Not just anyone can file a wrongful death claim. Most often, wrongful death compensation can be awarded to the following:

Spouses

Death not only results in loss of companionship for the surviving spouse, but can also cause long-lasting emotional trauma. Surviving spouses usually have a claim bases on these factors.

Children

This usually applies to children who are minors and depended on their parents income and benefits as well as comfort and support for survival. Minor children can file a claim to be awarded damages.

Parents

Parents who lost their minor child can also recover damages for the emotional trauma that followed after the death of their child as well as the lost relationship with the child.

For more information on whether you should file a wrongful death claim, contact Southeastern Law Group PA 864-285-3700.

We live where we serve and we live to serve!

Call an expert Personal Injury Lawyer in Greenville or Boiling Springs, SC today at 864-285-3700

Should I Avoid Social Media While My Claim Is Pending?

Yes. While this can be incredibly difficult given that social media offers an outlet for you to share your thoughts and feelings with loved ones, these websites are often used by insurance companies as sources of evidence to dispute claims. Simply describing what happened might bring liability into question. And if you discuss any preexisting medical conditions your loved one had, the insurer might try to argue that the death was caused by those conditions and not by the tort.

Below we’ve listed a few social media tips to keep in mind throughout the proceedings:

• If possible, disable your social media accounts entirely while your case is pending;
• Otherwise, set your profiles to private;
• Advise your other family members to do the same;
• Do not accept new connection requests;
• Do not post anything online even if you think it would not impact your case; and
• Ask friends and family not to post anything about the deceased until the case is resolved.

Terms You May Encounter Throughout the Proceedings

It goes without saying that filing a wrongful death claim is emotionally draining. Between the paperwork and litany of indecipherable legal jargon, the process can be stressful and confusing. Our wrongful death lawyers in Spartanburg can guide you through each step, explaining your role at every stage of the proceedings and updating you on developments in your case.

But of course, there’s no harm in brushing up on some of the legal terms you might encounter throughout the claims process. Here are just a few important terms you may come across:

• Negligence: When a party fails to act in a way that a person of ordinary prudence would act given the circumstances, that party is known to be dangerous. Negligence is the most common basis for filing a wrongful death claim.
• Strict Liability: This refers to the imposition of liability without a finding of fault. In other words, there are cases when a party can be held liable for a wrongful death even if they were neither negligent nor caused intentional harm. This often applies in product liability cases.
• Duty of Care: There are many different situations when an individual or organization has a legal obligation to act with reasonable care. This is known in tort law as “duty of care.” For example, businesses that open their doors to invitees have a duty remedy dangerous conditions in a reasonable amount of time or to warn invitees about said conditions. Drivers have a duty to follow all traffic laws. A breach of this duty would constitute negligence and could serve as the foundation of a tort claim if said breach causes injury or death.
• Compensatory Damages: Damages refer to the financial recovery a plaintiff receives in a tort case. Compensatory damages refer to financial awards that are intended to make the plaintiff “whole” again. They include economic damages, which are objectively verifiable losses like medical bills and funeral costs, as well as non-economic damages such as loss of care, companionship, and protection.
• Causation: This term refers to the link between a defendant’s negligence or intentional wrongdoing and the damages suffered by the plaintiff. For example, even if it is determined that the defendant was in fact negligent, it must still be shown that said negligence was a proximate cause of the wrongful death in order for the claim to yield damages. Causation disputes sometimes arise when it is found that the victim had a preexisting medical condition, or when the defense suspects that medical malpractice or another factor that arose after the accident proximately led to the death.

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