Can I File A Wrongful Death Case?

Experiencing the death of a loved one well before death from natural causes would occur is a traumatic occurrence, and one that may result in feelings of depression, despair, and even anger. At the law offices of Peake & Fowler, our South Carolina wrongful death attorneys have helped clients like you understand what steps can be taken from a legal perspective to secure compensation for the death of a loved one. If you have lost a family member in an accident in South Carolina that you believe was caused by someone else, you may be able to bring forth a wrongful death lawsuit for damages. Here’s what you should know:

Cause of Action for a Wrongful Death Suit

To have a legal basis for bringing forth a wrongful death suit in South Carolina, you must establish that the death was caused by the “wrongful act, neglect, or default of another,” and that had the accident/injury not resulted in death, the decedent would have been able to bring forth a suit for personal injury against the at-fault party. In this way, personal injury suits and wrongful death actions are very similar; what differs is who brings forth the action. As such, a wrongful death lawsuit may be appropriate following fatal acts of medical malpractice, motor vehicle accidents, premises liability accidents (such as slip and falls or pool incidents), pedestrian crashes, bicycle accidents, nursing home accidents, and more.

Filing a Wrongful Death Action in South Carolina

Only certain parties related to a decedent maintain the right to bring forth a wrongful death action in South Carolina. As found in South Carolina Code Section 15-51-20, only the executor or administrator of an estate may bring forth a claim. However, claims are filed to recover damages for beneficiaries, who may include:

  • Spouse;
  • Children;
  • Parent(s) if no spouse or children exist; or
  • Heirs of the decedent if none of the above parties exist.

Types of Damages Recoverable

It can be difficult for parties who are grieving the loss of a loved one to know whether bringing forth a wrongful death action is the right decision, and may base their choice in part on the types of damages recoverable. That being said, if the plaintiff in a wrongful death action can prove the liability of the defendant (by proving duty of care, breach of duty of care, and causation) and can prove damage and sources of recovering damages (i.e. insurance policies) exist, then plaintiffs are able to recover the full extent of losses. This includes:

  • Medical expenses the deceased incurred prior to death;
  • Lost wages and loss of earning capacity;
  • Funeral and burial benefits;
  • Loss of care and companionship;
  • Pain and suffering of survivors; and
  • All other economic or noneconomic losses.

How Much Time Has Passed?

Many clients meet with our lawyers and ask whether or not they can bring forth a claim for wrongful death. Before we can provide them with personalized legal advice, we always ask how much time has passed since the date of death. This is because South Carolina law prevents claimants from bringing forth a wrongful death action after more than three years from the date of death has passed. As such, if more than three years have elapsed since your loved one died, it is unlikely that you will be able to bring forth a wrongful death suit.

Contact Peake & Fowler Today
Filing a wrongful death lawsuit on your own is a complicated and challenging process, and puts your chances of recovering your maximum compensation amount in jeopardy. To improve your chances of recovering the full amount of damages to which you are entitled, contact our law offices today. Our South Carolina wrongful death attorneys are here to advocate for you, and we offer consultations free of charge.

 

Signs of Nursing Home Neglect in South Carolina

Elderly people, especially those who are ill and unable to care for themselves, are a particularly vulnerable section of the population. While nursing homes and long-term care facilities are designed to provide the elderly with the level of care that they need and deserve, sadly, nursing home neglect occurs at an alarming rate, leaving those in need with injuries and harm.

Nursing home neglect can be hard to detect, especially when an elderly person is otherwise ill and therefore in a state of deterioration. For the family and friends of those in South Carolina nursing homes, recognizing the signs of nursing home abuses and neglect is key to the safety and well-being of their elderly loved ones. Consider the following, and if you notice any signs of nursing home neglect, do not hesitate to report it and seek legal counsel immediately.

Physical Signs of Nursing Home Neglect

Some of the most obvious signs of nursing home neglect are the physical signs. If you notice any of the following, it may be a sign that your loved one is not receiving the level of care that they need and deserve.

  • Weight loss. Weight loss implies that neglect may be taking place, as it indicates that the elderly person is, for whatever reason, not receiving the level of nutrition that they need for optimal health. An overall deterioration in health condition could also be a sign of nursing home neglect.
  • Falls. Falls are one of the most common sources of injury amongst elderly people throughout the United States, but in a nursing home, falls should never happen. When a nursing home fall happens, it may be because the nursing home patient was not properly assisted, supervised, and otherwise cared for.
  • Bedsores. Bedsores, also called pressure ulcers, are both painful and dangerous sores that form on the skin as the result of constant, unalleviated pressure. These sores develop on elderly people who are confined to their bed, and are not moved or changed positions to prevent the development of bedsores on a regular basis. Pressure ulcers in nursing home is a serious problem, with the CDC reporting that in a single year, about 11 percent of nursing home residents throughout the U.S. had pressure ulcers.
  • Bruises, cuts, or signs of physical restraints. A physical mark on a nursing home resident, such as a bruise, is never a good sign, and could mean that the nursing home resident was struck by a staff member, suffered a fall, or was restrained.

Emotional Signs of Neglect

Neglect is not always physical – it may affect a resident’s emotions and psyche, too. Human beings need love, care, and social interaction, and when they are denied these things, they can suffer a physical and psychological deterioration. Emotional changes in your loved one that may indicate neglect include:

  • Withdrawal and depression. When human beings are denied social interaction or are not cared for as they should be may display signs of withdrawal or depression.
  • Anger. Neglect, and emotional harm, can lead to outbursts of anger, and sometimes, even violence.
  • Fear. If your loved one is afraid of the nursing home, does not want to be left alone with a staff member, or is asking to leave, this may be a sign that some type of neglect – or even outright abuse – is occurring.

Keep in mind that many of the emotional signs of neglect are often accompanied by physical signs, such as a refusal to eat, weight loss, sleeping more than normal, and a deterioration in health condition.

It is also important to remember that neglect does not just occur in nursing homes, but may occur in hospitals, when a person is receiving at-home care, and a variety or other short and long-term care facilities.

What to Do if You Suspect Nursing Home Neglect

If you suspect that nursing home neglect is occurring, you should speak with your loved one and the nursing home. If changes are not immediately made or your loved one has suffered harm, it is important that you report the neglect to the South Carolina Department of Health and Environmental Control – Nursing Home Department. The Department of Health will open an investigation and look into your allegations of nursing home neglect. You should document all signs of neglect that occur, especially if you plan to move forward with a lawsuit.

You should also consider hiring an attorney who can represent your loved one and your family during a claim for damages. At the offices of the Peake & Fowler Law Firm, P.A., we have handled many nursing home neglect and abuse cases over the years, and our skilled and compassionate South Carolina nursing home abuse attorneys know how sensitive and heartbreaking these cases can be. To schedule a free consultation, please reach out to us today by phone at (803) 788-4370 or through our website contact form.