Experiencing the loss of a loved one due to an accident is tragic and can entirely change the way in which your family lives. A wrongful death action is complex, and a wrongful death attorney like Maguire Law Firm is here to help you through this difficult time. While no two cases are alike, and you’ll need to consult with an attorney to discuss the unique facts of your case, what follows is an overview of what factors contribute to a wrongful death settlement.
Every Wrongful Death Action Is Unique, and No Two Lives Are the Same
When seeking to collect on a wrongful death case, it is important to recognize that there are unique facts and circumstances that change the outcome of every case. Thus, there is no particular average wrongful death settlement, given the many variables at play. One such variable is liability. Under S.C. Code Ann. § 15-51-10, the party sought to be charged must have engaged in some wrongful or negligent act, meaning they either needed to have a duty towards the deceased or have engaged in a criminal action that was wrongful and contributed to the harm experienced.
The Amount Is Determined Largely in Part by Lost Economic Value and Pain and Suffering
Within the context of a wrongful death action, the surviving loved ones of the deceased generally bring suit on behalf of the deceased. As noted, the deceased must have had some form of standing to bring the suit had they survived, meaning the party to be charged must have some liability in the situation. The amount of negligence they might be allocated will, under the South Carolina Uniform Contribution Among Tortfeasors Act, be divided depending upon the number of parties involved and their respective levels of liability.
How much is a person’s life worth? Their lifetime earnings potential is one number that strongly factors into the amount recovered, as were it not for the wrongful death, their family would have had the benefit of their contributions throughout their life. Determining an average given this fact is not possible, as everyone makes different incomes and has different careers.
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Settling a wrongful death suit on a number that accurately reflects what you are entitled to can be difficult. Attorneys with experience in wrongful death litigation know how the courts process such cases and what you might be entitled to. For more information on how the courts might process your wrongful death suit, contact us to schedule an appointment.
FAQ
What is a wrongful death lawsuit?
A wrongful death lawsuit is brought by the survivors of a person who has passed due to an accident.
Who is responsible and liable for damages in the wrongful death lawsuit?
In a wrongful death suit, if the person who had passed would have a case against a party for negligence or wrongful behavior, the survivors can bring the wrongful death lawsuit.
What kind of damages can I recover in a wrongful death lawsuit?
Damages in wrongful death range from economic damages to non-economic damages, and a personal injury attorney with wrongful death experience can help you maximize your recovery.