The loss of a loved one can have a devastating impact on the surviving family members. Grief can be overwhelming, leading to mental, physical, and emotional distress. The pain can be even worse if your loved one dies due to another person's negligence.

If someone you care about lost their life due to someone else's negligent actions, you may want to hold them accountable for the loss. With the help of an attorney, you can file a wrongful death claim against the negligent party. Wrongful death claims can stem from many types of cases, including the following: 

• Auto accidents
• Motorcycle accidents 
• Truck accidents 
• Medical malpractice 
• Nursing home abuse and neglect

Survival Action Vs. Wrongful Death in South Carolina

Although survival action and wrongful death lawsuits are similar in many ways, they have some key differences. The core difference between these two lies in the party bringing the claim.

Survival Action: In a survival action, the personal representative of the deceased's estate files the lawsuit on behalf of the deceased as if the deceased person were still alive. The damages sought in survival actions are those the deceased would have been entitled to if they had lived, including:

• Medical expenses incurred during treatment before the victim died
• Pain and suffering
• Loss of wages from injury to death

In contrast to a survival action claim, a wrongful death lawsuit is made by surviving family members, such as children, a spouse, or parents. The damages sought in a wrongful death claim are those suffered by the surviving members, such as:

• Financial compensation for funeral expenses can be awarded to the surviving family members of the deceased. They are meant to cover costs associated with the funeral and burial of the deceased person.

• Loss of support damages is meant to compensate the surviving family members for the financial hardship and emotional distress caused by the loss of the deceased's support.

• Loss of companionship benefits is intended to compensate the surviving family members for the emotional loss that they experienced after the death of a loved one. This compensation reflects the value of the companionship, assistance, and comfort offered by the deceased in life.

• Loss of services compensation is meant to make up for the important services the deceased person provided to the family members before dying.

Contact a Spartanburg Wrongful Death Attorney Today

If you recently lost a loved one and want to seek compensation, contact the Law Office of Tyler Rody for help. Lead attorney Tyler Rody can help you seek the justice and compensation you need to recover after the loss of a loved one financially.

Contact us online to schedule a free consultation, or call (864) 381-7969 to speak with attorney Tyler Rody.