Greenville Wrongful Death Lawyer

An injury to a dear family member can be frightening enough. We want to keep our loved ones safe and keep them in our lives for as long as possible. Unfortunately, that’s not always an option. You might have already lost a loved one, leaving you and your family to grieve.

Worse, it may be that someone else caused the accident that took their life. Your loved one might still be alive if that person hadn’t acted negligently, and now your family is suffering for it. You’ll need to act now to get your compensation, but who can file, and what could you even receive? You’re likely swamped with questions about your claim.

Because it can be so difficult to recover the compensation you deserve after a fatal accident, reach out to a Greenville wrongful death lawyer. At HawkLaw, PA, we understand how horrible it can be to deal with such a painful loss. When you’ve lost someone dear to you, we’ll fight back for your family and for your compensation.

Who Is Eligible to File a Wrongful Death Claim?

Wrongful death claims are unique. In a typical injury claim, you’d file for yourself against the at-fault party, and you’d ideally get the compensation you deserve for your injuries. A wrongful death claim, however, means that the person injured is no longer living and able to file for themselves. As such, certain laws limit who’s eligible to file for a claim.

In South Carolina, your loved one’s claim must be handled by the executor or administrator of the estate. Usually, if the person has an estate plan, you’ll know before their passing what their wishes are and who will be their executor.

Fortunately, this individual is not the only one who can recover damages. While the executor will be the person filing the claim, other family members will have the opportunity to file. If you’re one of the following people, you’ll likely be able to recover damages, even if you weren’t named executor:

• The surviving spouse
• Children of the deceased
• The surviving parents
• Heir at law  

Seeking Wrongful Death Damages

Once you’ve determined who’s responsible for filing the fatal accident claim, you and your family will need to discuss what compensation you should receive for your losses. Dealing with a family member’s passing is always difficult, and in addition, it can be expensive.

For these reasons, you’ll need to ensure you and your loved ones receive the full compensation they deserve. That means you should receive both economic and non-economic damages, which should cover most or all the losses you may have suffered.

Economic damages should cover all your financial losses in a wrongful death claim. For example, if your loved one’s car was totaled, you might be responsible for the repairs, and this could be covered in your claim. Non-economic damages, in contrast, cover your family’s mental and emotional losses. Losing a spouse, for example, leaves you without the affection and love you should have received from your loved one.

If you or your loved one has suffered any of the following damages, make sure you and your family are awarded compensation for these losses:

• Funeral and burial costs
• Medical expenses related to the accident
• Lost wages
• Loss of companionship and care
• Pain and suffering

Getting Punitive Damages in South Carolina

Some accidents are especially horrific. Your loved one might have been deliberately harmed, or the accident might have been so severe that it could be called grossly negligent. Unfortunately, these fatal accidents can be especially painful, but they may give you another opportunity for compensation for your family.

Punitive damages aren’t like your compensatory damages discussed above. While compensatory damages are meant to compensate you (as you might expect), punitive damages are only there to punish the wrongdoer. The judge will award these damages if they believe that the person harmed your loved one intentionally or if they believe they were grossly negligent.

These punitive damages are hard to fight for, however, so you’ll need help if you think they apply to your claim. A wrongful death lawyer in Greenville can help you ask for punitive damages and collect evidence to fight for them.

Contact a Greenville Wrongful Death Attorney

When someone passes away, their death leaves the rest of the family grieving for their loved one. Unfortunately, when your loved one passed away because of someone else’s negligence, you’re not just grieving for them. You likely also feel that your family hasn’t gotten justice for your loss.

Fortunately, our fatal accident lawyers at HawkLaw, PA can help. We understand how painful it is to lose someone to another person’s negligence, so reach out for help before you file your claim. When you’re ready, set up a free consult* with a Greenville wrongful death lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below.