Calculating wrongful death settlements in Greenville, South Carolina, involves a complex process that considers various economic and non-economic factors like lost wages, medical expenses, pain and suffering, loss of companionship, and more. It’s also important to consider survival actions versus wrongful death actions. In the end, an experienced Greenville wrongful death lawyer can help you understand your claim and get just compensation after the loss of a loved one.
Understanding Wrongful Death Claims
A wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died (or an estate representative) due to the negligence or misconduct of another party. The purpose of the lawsuit is to seek compensation for the losses suffered by the family as a result of the death. In South Carolina, these cases require proving that the defendant’s actions directly caused the death.
Key Factors in Wrongful Death Settlement Calculations
Several factors influence the amount of a wrongful death settlement in Greenville, South Carolina, including the total economic and non-economic losses.
Economic Losses
Economic losses refer to the quantifiable financial damages that result from someone’s death. These are losses that can be assigned a specific monetary value. Essentially, economic losses are the tangible financial burdens placed on the surviving family members or the estate due to the death of their loved one.
- Lost Wages and Future Earnings: This is a significant component, involving calculating the deceased person’s potential income over their expected lifespan. Factors considered include their age, occupation, education, and earning capacity.
- Medical Expenses: All medical bills incurred before the person’s death due to the incident are included.
- Funeral and Burial Expenses: The costs associated with funeral and burial services are also recoverable.
Non-Economic Losses
Non-economic losses in a wrongful death claim represent the intangible, emotional, and psychological harm suffered by surviving family members. Unlike economic losses, which have concrete monetary values, non-economic losses are subjective and harder to quantify. Non-economic losses aim to compensate for the emotional toll and diminished quality of life resulting from the death of a loved one.
- Pain and Suffering: This refers to the emotional distress and mental anguish experienced by the surviving family members.
- Loss of Consortium: This encompasses the loss of companionship, love, support, and intimacy suffered by the surviving spouse.
- Loss of Companionship: This is the loss of the general benefits of having a loved one in your life.
Other Considerations When Calculating a Wrongful Death Settlement
Beyond the core economic and non-economic damages, several other factors influence the final calculation of a wrongful death settlement. These considerations often delve into the specifics of the deceased’s life, the circumstances of their death, and the legal landscape surrounding the case.
- The deceased person’s age and health: These factors help determine the probable length of their life.
- The nature of the defendant’s actions: Egregious or intentional misconduct by the at-fault party may lead to higher settlements.
- The strength of the evidence: Strong evidence supporting the claim increases the likelihood of a favorable settlement.
- Insurance Coverage: The availability and limits of insurance coverage can significantly impact the settlement amount.
- Workers’ Compensation: In cases of workplace accidents, workers’ South Carolina compensation laws may apply, which have their own specific formulas for calculating benefits.
Legal Aspects That Can Impact Wrongful Death Settlements
Understanding a wrongful death settlement involves more than just calculating losses. It requires understanding the intricate legal landscape. There are critical legal aspects that can significantly impact the outcome of a settlement.
Compensation in Survival Actions vs. Wrongful Death Actions
It’s important to distinguish between “survival actions” and “wrongful death actions.” A survival action seeks damages for the deceased person’s pain and suffering before death, while a wrongful death action seeks damages for the surviving family’s losses. Often these two types of legal action are used in the same court case.
Negotiation and Wrongful Death Litigation
Although your lawyer may file a wrongful death lawsuit in Greenville, SC, most wrongful death cases are settled through negotiations between the parties involved. Only if a fair settlement cannot be reached, the case may proceed to trial.
It’s important to work with experienced legal counsel in wrongful death cases. They are intricate and often result in large payouts because of the grave losses. An attorney will have the necessary negotiation experience to get you fair compensation.
Role of Legal Counsel in Wrongful Death Cases
A skilled attorney can help gather evidence, calculate damages, negotiate with insurance companies, and represent the family’s interests in court. Unfortunately, insurance companies will try to take advantage of families who have lost a loved one. You need an Upstate South Carolina wrongful death lawyer who will protect you and your rights.
Distribution of Settlement Proceeds
South Carolina law dictates how wrongful death settlement proceeds are distributed among surviving family members. The specifics of the distribution can vary depending on the surviving family members. Your attorney can better explain how much money each person will receive from the settlement.
Maximize Your Settlement with the Help of a Greenville Wrongful Death Attorney
It’s important to know that there is no fixed formula for calculating wrongful death settlements. Each case is unique, and the amount of compensation will vary depending on the specific circumstances.
Insurance companies often attempt to minimize payouts, so it’s essential to have a Greenville wrongful death attorney who can advocate for the family’s rights. Attorney Venus Poe has the experience and knowledge to get you what you deserve after the death of a loved one. Contact us today for an initial case consultation.