Compensation for the Family of a Loved One Who Experienced a Wrongful Death

Because a wrongful death action is brought on behalf of the deceased's loved ones, the compensation that can be awarded for a wrongful death are for damages suffered or to-be suffered by the family. These damages can be grouped into two categories, Economic and Non-Economic Loss, and include the following:

Economic Loss                                         
1) Loss of Support;                                   
2) Loss of Inheritance;                             
3) Loss of Services; and,                         
4) Funeral and Burial Expenses.

Non-Economic Loss
1) Loss of society and companionship;
2) Grief and Anguish (Mental Suffering); and,
3) Loss of Consortium.

Awards resulting from a South Carolina wrongful death action are not considered part of the estate for probate purposes.

A wrongful death action is often companied with a "Survival Action." A survival action is also brought by the Personal Representative of the estate, but is brought on behalf of the deceased. In a survival action, the estate is suing for damages suffered by the deceased before his or her death that were the result of the accident. These damages can include:

1) Pre-death mental suffering;
2) Pre-death pain and suffering;
3) Loss of enjoyment of life prior to death; and,
4) Pre-death economic loss (this will include medical bills, lost wages, etc. suffered by the deceased prior to death).

Wrongful death and survival claims can also involve Punitive Damages. Punitive damages are awarded when a person commits grossly negligent, malicious, or intentional acts. A court awards these damages to punish the wrongdoer.

If you or someone you know has been lost a loved one due to the fault of another and have questions about compensation, contact a SC wrongful death law firm. For a consultation and case evaluation with Shelly Leeke Law Firm, call 843-277-6061 or toll free- 1-888-690-0211.