Wrongful Death Attorney in Columbia SC

Occasionally, some of the injuries our firm handles, including automobile accident cases, involve a death. In that event, the claim is known as a wrongful death case. What this means is that a death occurred as a result of someone else's negligence, or carelessness. For example, if another driver were to disregard a stop sign, or some other traffic control device, and cause an accident which results in death to another party, this would be considered a wrongful death claim.

In order to pursue the claim, an estate must be opened with the Probate Court, and the personal representative of the estate is the individual who hires the lawyer and is the plaintiff in any lawsuit that is filed. Any damages recovered in the claim include funeral expenses, emotional damage, grief, and the loss of the decedent's financial support for any dependent beneficiaries. The beneficiaries of such a claim are the intestate heirs of the estate, i.e. the people who would have inherited from the decedent if there were not a will. These are typically the surviving spouse and children of the deceased.

If the person who died endured any conscious pain and suffering prior to death, a claim known as a survival action is generally initiated on behalf of the estate, which also includes any medical bills incurred before death. The survival action and wrongful death claims are usually pursued at the same time and in the same forum, or lawsuit, so as to avoid repetition of investigation and accumulation of evidence.

If you are in need of a wrongful death attorney, please give us a call at 803-252-1800 or visit us at our wrongful death attorney blogsite for more info.