When people suffer injuries or death due to the negligence of others, they may be entitled to compensation. In South Carolina, personal injury claims are a common way for victims to recover damages. However, personal injury claims can sometimes turn into wrongful death claims if the injuries suffered by the victim lead to their death. This article will explore how personal injury claims can turn into wrongful death claims in South Carolina.
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Personal Injury Claims in South Carolina
In South Carolina, personal injury claims allow victims to seek compensation for their injuries. Victims can file a personal injury claim if they were injured due to the negligence of others. These claims can result in compensation for medical expenses, lost wages, pain and suffering, and other damages.
To win a personal injury lawsuit in South Carolina, the following elements must be proven:
- The defendant owed the plaintiff a duty of care
- The duty of care was breached
- The breach of duty caused the plaintiff’s injuries
- The plaintiff suffered damages as a result of the injuries
If a plaintiff can prove these elements, they will be awarded damages for their injuries.
Wrongful Death Claims in South Carolina
Wrongful death claims in South Carolina are similar to personal injury claims, but they are filed on behalf of the deceased. A wrongful death claim allows the deceased’s surviving family members to seek compensation for their loss. Wrongful death claims can result in compensation for medical expenses, funeral expenses, loss of income, and other damages.
To win a wrongful death lawsuit in South Carolina, the following elements must be proven:
- The defendant owed a duty of care to the deceased
- The duty of care was breached
- The breach of duty caused the deceased’s death
- The deceased’s surviving family members suffered damages as a result of the death
If the plaintiff can prove these elements, they will be awarded damages for their loss.
When Personal Injury Claims Become Wrongful Death Claims
In some cases, injuries suffered by a victim in a personal injury lawsuit can lead to their death. If this happens, the victim’s surviving family members can file a wrongful death claim on their behalf. This often happens when the injuries suffered by the victim were severe. Examples of injuries that can lead to wrongful death claims include:
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Severe burns
- Amputations
If the victim dies as a result of these injuries, their surviving family members can pursue a wrongful death lawsuit against the negligent party.
The Damages Awarded in Wrongful Death Claims
In South Carolina, damages awarded in wrongful death claims are different from those awarded in personal injury lawsuits. While personal injury damages are awarded to compensate the victim for their injuries, wrongful death damages are awarded to compensate the deceased’s surviving family members for their loss.
Damages awarded in wrongful death claims can include:
- Funeral expenses
- Medical expenses related to the deceased’s final injury or illness
- Lost income and earning capacity
- Loss of companionship and guidance
- Pain and suffering of the deceased before death
Conclusion
If you or a loved one has been injured due to the negligence of others, it’s important to understand your legal rights. In South Carolina, personal injury claims can turn into wrongful death claims if the injuries suffered by the victim lead to their death. If you think you may be entitled to compensation, it’s important to contact an experienced personal injury attorney who can guide you through the legal process.