The unexpected loss of a loved one is devastating. When that death was caused by another’s wrongful act, the pain is even greater. While nothing can bring back your family member, filing a wrongful death lawsuit can provide a sense of justice and much-needed financial support. If you lost a relative due to another party’s carelessness in Arizona or South Carolina, here is what you need to know about how to file a wrongful death claim.
What Is a Wrongful Death Lawsuit?
A wrongful death claim is a type of civil lawsuit. It alleges that a person died because of the legal fault of another person or entity. These claims allow legal beneficiaries, which includes certain family members, to seek compensation for losses suffered as a result of the death. This includes money for funeral expenses, lost income the deceased would have provided, and loss of love, support, and companionship.
Wrongful death lawsuits are separate from any criminal charges related to the death. For example, a drunk driver who kills someone in an accident may face vehicular manslaughter charges. The family could still file a wrongful death claim even if the driver is acquitted in criminal court. That is because civil cases have a lower burden of proof than criminal ones.
Who Can File a Wrongful Death Claim?
States have different rules about who is allowed to file a wrongful death lawsuit. In both Arizona and South Carolina, the selected representative of the deceased person’s estate submits the claim.
This representative is either named in the will or appointed by the court.
Any compensation recovered in the lawsuit is distributed to eligible surviving family members. In Arizona, this includes the spouse, children, or parents of the deceased. If there is no surviving spouse, child, or parent, a sibling or grandparent can recover damages. South Carolina law says the beneficiaries of a wrongful death claim are the deceased person’s children and spouse. If there is no spouse or children, the parents of the deceased are the beneficiaries.
Common Causes of Wrongful Death
Many different negligent or intentional acts can be grounds for a wrongful death claim. Some of the most common causes include:
- Car, truck, and motorcycle accidents
- Medical malpractice and medication errors
- Workplace accidents and exposure to hazardous conditions
- Defective products, including dangerous drugs and faulty vehicle parts
- Criminal acts like assault and murder
- Nursing home abuse and neglect
- Slip and fall accidents on unsafe property
- Drowning and swimming pool accidents
If you are unsure whether you have a valid wrongful death case, reach out to our Care Team. We can review the facts of your situation and advise you on your legal options.
How to File Wrongful Death Lawsuit
Taking legal action while grieving is not easy. Having a basic roadmap of the process can make it less stressful and confusing. Here are the general steps involved in filing a wrongful death lawsuit in Arizona or South Carolina:
- While not required, getting help from knowledgeable professionals is highly recommended. Wrongful death cases can be very complex. Our team understands the law and can handle the legal aspects of your case so you can focus on healing.
- Identify the proper person to file suit. Remember, the personal representative of the estate must bring the claim, not the family members directly. Make sure this person is identified and willing to serve in this role before proceeding.
- Determine the deadline to file. Each state limits how long you have to file a wrongful death lawsuit.
- Perform an investigation. Proving a wrongful death claim requires evidence. This often includes physical evidence from the scene of the accident, photos and videos, medical records, police reports, safety records, and witness statements. Our team will gather the necessary proof to build a strong case on your behalf.
- File the complaint. The personal representative starts the case by filing a document called a complaint in civil court. This complaint lays out the facts of the case and requests damages. It must be properly served on the defendant.
- Engage in discovery. During a phase known as discovery, both sides exchange information and evidence. This may include depositions, where parties and witnesses are questioned under oath. The defendant may file motions trying to get the case dismissed. Your team will handle these procedures and fight for your interests.
- Attempt settlement negotiations. Many wrongful death lawsuits settle before reaching trial. Our team will negotiate with the other side, seeking maximum compensation for your family. However, we will only agree to a settlement if it is in your best interests.
- Go to trial. If a settlement is not reached, a trial is held before a judge or jury. Both sides present evidence and arguments. The judge or jury then decides whether the defendant is legally responsible for the death. If so, the judge or jury will also determine the amount of compensation owed.
Throughout this process, our compassionate team will be by your side. We know this is a painful time. Let us answer your questions, explain your options, and fight for the justice your departed loved one deserves.
Compensation Available in a Wrongful Death Case
Money will not erase your grief. However, it can ease your financial burdens and hold the wrongdoer accountable. Damages that may be available in an Arizona or South Carolina wrongful death lawsuit include:
- Funeral and burial expenses
- Medical costs incurred between the final injury and death
- Lost wages and benefits the deceased would have earned if they had lived
- Property damage from the accident that caused the death
- Pain and suffering experienced by the deceased before death
- Loss of the deceased’s love, support, counsel, companionship, and consortium
- The survivors’ mental anguish and emotional distress
Contact Us Today
Dealing with an unexpected loss is extremely difficult. Please know that you do not have to get through this time alone. Our Care Team is here to provide support, answer your questions, and fight for your legal rights. If you need guidance on how to file a wrongful death lawsuit in Arizona or South Carolina, reach out to us today.