If you have lost a member of your family in a fatal accident due to the negligence or reckless actions of someone else, you and your family have lost enough already and initiating a claim and dealing with the insurance adjuster can be time consuming, inconvenient and uncomfortable. Palmetto Injury Lawyers can help. We conduct a proper investigation of the claim, handle all communications with the insurance company, confirm all claim and estate paperwork is in order, and work hard to make sure the family doesn’t lose out on rightful compensation.
Under South Carolina law, there are two types of claims that can be made following a fatality due to another's wrongful actions: (1) a Wrongful Death claim, and (2) a Survival Action claim.
In a Wrongful Death claim, the representative of the estate brings a claim on behalf of the decedent's statutory beneficiaries, such as a spouse, children, parents, etc. The claim can include compensation for pecuniary loss (such as loss of income the deceased would have provided to the family in the future), mental shock and suffering, wounded feelings, grief, sorrow, and loss of society and companionship.
In a Survival Action, the representative of the estate brings a claim for the conscious pain and suffering, as well as medical expenses, the decedent suffered prior to death.
In many instances, Palmetto Injury Lawyers can help the decedent's family properly file to open an estate with the Probate Court. Thereafter, we process the wrongful death claim by and through the personal representative, and work hard to resolve the case with Probate Court approval.
Call Palmetto Injury Lawyers for helpful information about your South Carolina wrongful death injury claim process and how to protect your legal rights. We are easy to talk to. Even better, you can talk to us for free. Please call us Toll Free (888) 848-8847 or fill out our contact form for more information.