South Carolina Fatalities

Clore Law · June 23 2011

Did you know that in more than half the vehicular deaths in South Carolina the decedent was not wearing their safety belt? The SCHP offers this update on year to date fatalities stating 327 people died as of May 31, 2011. Wearing a seat belt may have saved some of these lives. The families who are now without income earned, like a mother or father, are facing increasingly difficult days. While morning their loss, they will realize they have lost the future income earned my the loss of their loved one. South Carolina, like all states, have wrongful death laws enacted to help these families in their time of need. You may be able to fiel a wrongful death lawsuit if your loved one was killed by another person's negligent or careless behavior.

Wrongful Death Benefits

There are two types of wrongful death benefits available under South Carolina law. The first is a survival action. That benefit goes through the decedent's estate. It includes compensation for:

• The decedent's claim for pain and suffering
• Medical expenses
• Funeral bills

The second type is the wrongful death benefit. Wrongful death benefits do not go through the estate. It goes to beneficiaries directly. It may involve compensation for:

• Loss of companionship
• Loss of support
• Loss of services

We help many clients by making this simple distinction. Suppose a husband dies, leaving behind a wife and two children. If we treated the amount as a survival action, all compensation would pass to whoever was designated in the will. It would also be subject to estate taxes. As a wrongful death benefit, there is no estate tax, and each immediate family member gets an equal portion of that compensation.

Wrongful Death Attorney

Those having lost loved ones in Charleston, Mt Pleasant, Summerville and across South Carolina turn to the experience of the Clore Law Group. Call today to speak to an attorney regarding your wrongful death lawsuit.