Your world changed forever when a drunk driver, a defective product, or medical negligence took someone precious from your family. Now, as you navigate grief while facing mounting bills and an uncertain financial future, you’re wondering what legal options exist. Sound familiar?
At The Law Office of Sean M. Wilson, we understand—and we’re here to help.
South Carolina law recognizes that while no amount of money can replace your loved one, families deserve compensation when someone’s negligence causes a preventable death. Understanding the various damages available in wrongful death cases and the benefits of working with an experienced attorney can help you make an informed decision about pursuing justice.
The path forward requires both compassion for your grief and aggressive advocacy for your rights—qualities that our experienced wrongful death attorneys bring to every case we handle.
Exploring Economic Damages
Economic damages are financial losses your family faces because of your loved one’s death. These tangible losses often form the foundation for wrongful death claims and are calculated with reasonable precision.
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Lost income and earning capacity. For many families, the most significant economic loss is the income their loved one would have earned over their lifetime. When calculating these damages, South Carolina courts consider the deceased’s age, health, education, work history, and career trajectory.
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Lost benefits and retirement savings. Beyond salary, families can recover the value of benefits like health insurance, retirement contributions, and stock options. These benefits often represent substantial value.
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Medical expenses related to the final injury. If your loved one received medical treatment before passing away, those bills become part of the economic damages in a wrongful death case. These expenses may include emergency room costs, surgery fees, hospitalizations, and any other medical care related to the incident that caused their death.
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Funeral and burial expenses. South Carolina allows recovery of reasonable funeral, burial, or cremation costs. These expenses often total $10,000 or more and represent an immediate financial burden for grieving families.
Examining Non-Economic Damages
Non-economic damages compensate families for losses that don’t have a specific dollar value but represent real harm from losing a loved one. These damages recognize the human element of wrongful death cases and can include:
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Loss of companionship and consortium. These damages compensate spouses for losing their partner’s love, companionship, comfort, and intimacy. South Carolina recognizes that marriage involves more than financial partnership, with spouses relying on each other for emotional support, shared experiences, and physical intimacy.
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Loss of parental guidance and care. When a parent dies, children lose more than financial support—they lose guidance, discipline, emotional support, and the countless ways parents shape their children’s lives. Courts consider the child’s age, the parent’s involvement level, and the unique relationship when calculating these damages.
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Surviving family members’ pain and suffering. The emotional trauma of losing a loved one unexpectedly creates lasting psychological harm. Surviving family members may develop depression, anxiety, or other mental health conditions requiring treatment. While difficult to quantify, these damages represent real harm.
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Loss of household services. Many people provide valuable services to their families beyond earning income, such as childcare, home maintenance, financial management, and countless daily tasks. Families must perform these tasks themselves or hire others to do them when someone dies, representing a measurable loss.
Factors That Influence the Value of South Carolina Wrongful Death Cases
Numerous factors affect how much a wrongful death case could be worth. These include:
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The age and health of the deceased, with younger individuals typically generating higher damage awards
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The degree of negligence involved, with cases involving gross negligence, recklessness, or intentional conduct often warranting additional damages
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The strength of the family relationships, with close, involved relationships representing a greater loss of companionship
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The quality of the available evidence, with strong evidence of negligence and damages leading to higher settlements and verdicts
How Legal Representation Can Maximize Your Family’s Wrongful Death Recovery
Experienced legal representation is crucial for families pursuing wrongful death claims in South Carolina. At The Law Office of Sean M. Wilson, our skilled lawyers offer the experience, resources, and objectivity that grieving families often lack.
Here’s how we help you pursue justice and maximize the value of your case.
Thorough Investigations
We thoroughly investigate the accident that killed your loved one, working with accident reconstruction specialists, medical professionals, and other specialists to build strong cases. Our team understands which evidence to preserve, how to interview witnesses before memories fade, and which documents to request from defendants.
Accurate Valuation of Damages
Calculating the value of a wrongful death case requires understanding economics, actuarial science, and South Carolina law. We work with economists and other professionals to project lifetime earnings, account for inflation and career growth, and properly value all damage categories.
Negotiating With Insurance Companies
Insurers employ teams of lawyers and adjusters whose job is to minimize payouts. Having an experienced wrongful death attorney represent you levels the playing field, ensuring that no one takes advantage of you during a particularly vulnerable time.
Trial Preparation and Presentation
While many cases settle, our attorneys prepare to take cases to trial, often leading to better settlement offers. Insurance companies know which attorneys are willing and able to try cases effectively, and they adjust their settlement offers accordingly.