Aggressive South Carolina Wrongful Death Attorney Fighting for You
Losing a spouse, child, parent, or other loved one can be difficult no matter the circumstances. However, knowing that a death was caused by a malicious or negligent act of another can add to the anger and hurt associated with the loved one's death. In the case of wrongful death, whether by medical malpractice (including nursing home neglect), violence, traffic accident, or other act, a wrongful death lawsuit can be filed on behalf of the surviving parties. Below, South Carolina wrongful death attorney Andy Arnold highlights some important information regarding these types of cases.
What Is Wrongful Death?
According to South Carolina Code § 15-51-10, a wrongful death is a fatality caused by "the wrongful act, neglect or default of another." The code of law further outlines that the person who was liable for the act and its damages had death not occurred, is still liable for damages even though the affected party has died.
The exact wording of the South Carolina law can seem a bit complicated, which is why it is important to discuss a possible wrongful death lawsuit with an attorney who is well versed in SC law. Greenville wrongful death lawyer Andy Arnold has experience with cases involving medical malpractice, nursing home neglect, car and truck accidents, and other South Carolina lawsuits involving wrongful deaths.
Types of Wrongful Death Cases
A wrongful death lawsuit can be filed for a death caused by the negligent action (or inaction) of another person. Below, some of the common types of wrongful death cases are highlighted.
Medical Malpractice
Doctors and other health care providers are supposed to help improve your health. Unfortunately, this is not always the case. Surgical errors, failure to diagnose a health problem, medication errors, and other instances of medical negligence can lead to a wrongful death. Although some deaths are unavoidable and the health care system is not always liable, it is important to discuss the circumstances with a knowledgeable wrongful death attorney to determine if a lawsuit is warranted.
Nursing Home Negligence
Pre-existing health problems and the advanced age of a majority of nursing home residents make deaths in long-term care facilities commonplace. However, in some instances, negligence or abuse from nursing home staff can cause the wrongful death of a patient. Wrongful deaths in nursing homes can stem from medical malpractice (improper monitoring of medication, understaffing, and malnutrition), negligence, or physical abuse of the elderly patient. Because nursing homes have high-priced attorneys at their disposal, a family member of a deceased patient needs a lawyer with experience in not only wrongful death lawsuits, but also nursing home abuse cases.
Traffic Accidents
Too often accidents involving passenger cars, big-rig trucks, motorcycles, bicycles, and other forms of transportation involve fatalities. In some cases, poor driving conditions and other factors make these traffic accidents unavoidable. However, many of these accidents could have been avoided and lives could have been saved. Traffic accident-related wrongful death lawsuits could include accidents that involve drivers under the influence of alcohol or drugs, distracted drivers (typically on mobile phones), overtired truck drivers, and vehicles that have defective parts. To determine if an accident warrants a wrongful death lawsuit, call 864-242-4800 to schedule a consultation with South Carolina wrongful death attorney Andy Arnold.
Violence
Unfortunately we do not live in a peaceful society. In some cases, innocent people get caught in the middle of violence. When these victims lose their lives due to the violent acts of another, a wrongful death lawsuit may be filed. Be sure to discuss the situation with a wrongful death lawyer when contemplating filing a lawsuit.
Who Can File a Wrongful Death Lawsuit in South Carolina?
In personal injury lawsuits or employment litigation, the plaintiff is typically the person who has been harmed by the action (or inaction) of the defendant. However, in a wrongful death lawsuit, since the person who was directly harmed by the defendant has died, the plaintiff is typically an heir or family member.
According to South Carolina law, a wrongful death lawsuit can be filed on behalf of a spouse, child, parent, other heir, or in the name of the executor or administrator of the estate. However, as in most instances of the law, there are certain stipulations as to who, exactly, can file and under what circumstances. It is best to discuss your potential wrongful death lawsuit with an attorney familiar with the laws of South Carolina.
Contact Our Greenville SC Medical Malpractice Attorney for Your Wrongful Death Case
South Carolina law specifies how a wrongful death lawsuit should be filed. If you believe that the loss of your loved one was caused by the negligence of another – either through an automobile accident, medical malpractice, or other negligent act – you need to speak with a lawyer familiar with the state's laws. Greenville wrongful death attorney Andy Arnold has experience filing lawsuits on behalf of the surviving family of wrongful death victims. Contact the Law Office of W. Andrew Arnold in Greenville, SC today to schedule a consultation. Andy Arnold will review the facts of your case and will honestly explain why he believes that a situation does (or does not) warrant wrongful death litigation.
