Wrongful Death? Hit & Run in Lexington leaves one dead


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A wrongful death lawsuit claims that the victim was killed as a result of negligence on the part of the person or entity being sued, and that the victim's survivors are entitled to monetary damages as a result of the improper conduct. Lexington South Carolina police spent last night investigating a hit-and-run accident that left one person dead. This is an example of what may result in a wrongful death civil lawsuit. A man on a moped was hit by a car around early this morning near the intersection of South Lake Drive and Industrial Drive. The victim was taken to a hospital, where he later died. The police will investigate the hit and run aspect of this accident. When they identify the fault at fault, the family of the victim may be able to file a wrongful death lawsuit. Choosing an experienced South Carolina Wrongful Death attorney is imperative to ensure your family's rights are protected.

Elements of a Wrongful Death Law Suit

You may visit the South Carolina Legislature's website for more state specific regarding wrongful death information. A wrongful death is governed by the before linked statute and interpretive case law rulings by South Carolina courts. The South Carolina Wrongful Death Act provides the statutory authority for a wrongful death claim. A wrongful death action is generally initiated by the personal representative, executor or administrator of the deceased's estate, which may be a spouse, child, or other family member. The South Carolina Supreme Court holds that a personal representative may bring a wrongful death action for the benefit of statutory beneficiaries, including the parents of the deceased where there is no surviving spouse or child as in this case." Potential damages in a Wrongful Death Action include:

  • Hospital and medical expenses
  • Funeral and burial expenses
  • Money compensation for the loss of income the deceased would have provided the family in the future

In addition to wrongful death damages, the estate may also recover under the South Carolina Survival Statute, which provides money damages for the conscious pain and suffering the decedent experienced prior to death as well as medical expenses incurred. "Survival of right of action" in a Wrongful Death lawsuit allows for causes of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property shall survive both to and against the personal or real representative, as the case may be, of a deceased person and the legal representative of an insolvent person or a defunct or insolvent corporation, any law or rule to the contrary notwithstanding.

South Carolina Wrongful Death Legal Advice

An experienced Charleston attorney, like those at the Clore Law Group LLC, will tell you a moped accident like this one is byt one of many potential accident leading to a wrongful death lawsuit. Wrongful death lawsuits can arise from car accidents, trucking accidents, boating accident, workplace injuries, pedestrian accident; any accident resulting in death that was caused by another's negligent action may by grounds for a wrongful death lawsuit. If you lost a loved one due to another person's negligent actions, contact the Charleston wrongful death attorneys at the Clore Law Group LLC.

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Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, or business tort. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.