• Medical Malpractice    • Nursing Home Litigation    • Products Liability    • State and Federal Tort Claims Cases
• Insurance Bad Faith   • Wrongful Death    • Premises Liability    • Motor Vehicle Wrecks  • Asbestos Exposure and Mesothelioma

Wrongful death is a legal term describing an actionable wrongful killing of a human being. Wrongful death typically refers to death by a negligent cause. It is distinguished from the term personal injury which refers to a negligent act resulting in a non fatal injury.

At one point in legal history, there was no such thing as a wrongful death action.  A victim’s cause of action against a wrongdoer died with him. That is, the beneficiaries of the victim could not bring an action for loss of their loved one against the responsible party. That rule has changed some time ago in South Carolina and in other jurisdictions. Now beneficiaries can bring actions for their loss of financial support and for mental shock and suffering, wounded feelings, grief and sorrow, as a result of the death.

Recent Wrongful Death or Personal Injury Cases

The Dangers of Backing Up Case

Likewise, beneficiaries can bring a survival action following the wrongful killing of another.  A survival action refers to the victim’s own claim for damages as if he had survived the fatal event.  A survival action would include the victim’s medical bills and conscious pain and suffering.

The only person who can bring a survival or wrongful death action is the person appointed by the appropriate probate court as the Personal Representative of the Estate of the deceased.

Kassel and McVey can assist you. Call us today at 803.256.4242 for more information.