South Carolina Wrongful Death Attorneys. McWhirter, Bellinger, & Associates.
Home

Firm Profile

Attorneys

Areas of Practice

FAQ

Community

Locations

Legal Resources

Employment
Opportunities

Contact Us


McWhirter,
Bellinger
& Associates, P.A.
1807 Hampton St.
Columbia, SC 29201
803-252-5523
800-694-0994




Wrongful Death Attorney in South Carolina

Wrongful death occurs when a person dies due to the negligent, reckless or intentional act of another individual or party. A wrongful death lawsuit can be brought by the representative of the decedent’s estate on behalf of the “distributees”, usually the decedent’s immediate family members. Any damages awarded, however, are generally NOT part of the estate and are not distributed according to the decedent’s will. This is an important distinction because it makes them not taxable.

Compensation in a wrongful death lawsuit tends to be greater if the surviving family members are monetarily affected. Some states allow some close family members to be compensated for mental anguish resulting from their loss. In some cases, the estate’s representative may bring a “survival action” together with the wrongful death suit in order to recover such damages. Damages awarded in a survival action, however, do become part of the estate.

Pecuniary injury
In any case, the principal measure of damages in a wrongful death action, is fair and just compensation for financial, or “pecuniary” injury that resulted from the decedent’s death. Pecuniary injuries include:

  • Medical and funeral expenses
  • Recovery of medical and funeral expenses already incurred
  • Loss of support services
  • Lost prospect of inheritance
  • Interest accrued from the date of death

After the jury determines the amount of damages to be awarded, the court will often adjust the award depending on a variety of circumstances. For instance, if it is found that the decedent regularly squandered his or her income, the award may be adjusted downward. Conversely, despite the decedent being unemployed at the time of death, lost earnings may be awarded if he or she had worked in the past.

Punitive damages occasionally awarded
Some states permit the recovery of punitive damages in cases of malicious wrongdoing that resulted in the death. Punitive damages are intended to punish the wrongdoer and deter others from behaving similarly. In South Carolina, "punitive damages may be awarded only upon a finding of actual damages."

Negligence must be proved
The basis for most wrongful death suits is negligence. A wrongful death attorney will need to show that the wrongdoer’s action, or failure to act in a responsible manner, caused the decedent’s death. A wrongful death lawyer must also have access to experts who can testify with regard to the determination of the pecuniary losses to plaintiffs in the case.

In light of the statute of limitations, (i.e., deadlines by which a wrongful death lawsuit must be filed), it is important to contact an experienced personal injury attorney as soon as possible. Such an attorney will be able to discuss your legal rights and the potential merits of pursuing a wrongful death case. So don’t delay in calling or emailing us at the Law Firm of McWhirter, Bellinger & Associates. There is no cost or obligation to you in scheduling a free case evaluation.

Click here for more information on what to do in a wrongful death case.

Free Case Evaluation

Our South Carolina wrongful death attorneys will evaluate your case at no cost or obligation to you. You should know that there are strict deadlines that apply to how long you have to pursue a claim.

If you believe you may have a claim, you should have it evaluated by our wrongful death team right away. Click here for a free case evaluation>>>

With offices in Aiken, Camden, Columbia, Lexington, Newberry, Orangeburg, and Sumter, South Carolina, our wrongful death attorneys are ready to serve you. Call us today at 1-800-694-0994.

 

 

 

 





HOME | OUR PERSONAL INJURY FIRM PROFILE | OUR INJURY ATTORNEYS | PRACTICE AREAS | PERSONAL INJURY
LAWYER FAQ
| COMMUNITY | OUR PERSONAL INJURY OFFICE LOCATIONS | LEGAL RESOURCES | CONTACT OUR
INJURY ATTORNEYS
| SITE MAP



Disclaimer: McWhirter, Bellinger & Associates, P.A.. provides the information in this web site for informational purposes only. The information does not constitute legal advice. The use of this site does not create an attorney-client relationship. Further communication with our attorneys through the web site and e-mail may not be considered as confidential or privileged. Please contact our South Carolina wrongful death attorneys if you wish to discuss in more detail the contents of this web site. Web site designed and maintained by PowerAdvocates

©2003 McWhirter, Bellinger & Associates, P.A. Wrongful Death Attorney in South Carolina. All Rights Reserved