Examples of Wrongful Death Cases
The unexpected loss of a loved is a deeply traumatic event for any family. If you find out that the fatal accident could have been prevented with proper safety precautions, it can make the tragic experience even more painful.
Under South Carolina law (SC Code § 15-51-10), negligent parties that contribute to deadly accidents should be held legally liable through a wrongful death claim. Wrongful death cases come in a wide range of different forms. Here, our South Carolina wrongful death lawyer provides an overview of some of the most common examples.
Six Examples of Wrongful Death Claims
- Car Accidents
Motor vehicle accidents remain the leading cause of accidental deaths in South Carolina and throughout the United States. According to data provided by the South Carolina Department of Public Safety, more than 300 people were killed in car crashes in the state in the first four months of 2019 alone. If your family member was killed in a fatal wreck, you may be able to bring a wrongful death claim against a negligent driver, a negligent vehicle manufacturer or auto parts maker, or even a negligent roadway design company.
- Commercial Truck Accidents
Beyond auto accidents, commercial truck accidents are another major threat on South Carolina roads. As a consequence of the incredible size and weight of modern tractor trailers, any commercial truck accident that occurs has the potential to be downright catastrophic.
By some measures, large truck accidents are more than five times more likely to be fatal than are other car accidents. To account for the potential risk, commercial trucking companies are held to heightened safety standards. If they cut corners on safety or violate state or federal regulations, they must be held accountable.
- Medical Malpractice
All patients deserve proper medical care. Unfortunately, physicians and health care providers do not always live up to their end of the bargain. Medical malpractice occurs when a patient suffers harm because they received substandard care from a doctor, a hospital, or another medical professional. Medical errors are far more common than most people realize. In fact, a recent study found that medical mistakes are the third leading cause of death in the United States.
- Nursing Home Abuse & Neglect
Checking your elderly parent or vulnerable loved one into an assisted living facility can be emotionally challenging. We want to believe that South Carolina nursing homes will always provide excellent care. Unfortunately, in far too many cases, abuse and neglect happens in our state’s assisted living centers. The National Council on Aging (NCOA) reports that nearly ten percent of elder adults have experienced some form of abuse or neglect.
Though, as nursing home abuse is consistently underreported, the true figure is almost certainly significantly higher than that. When a death occurs because of nursing home abuse or nursing home neglect, the responsible facility must be held liable.
- Dangerous and Defective Products
Under South Carolina law, manufacturers and sellers have a duty to put reasonably safe products onto the market. When they fail to do so, the results may be devastating, even deadly. Whether it is a defective airbag that fails to offer any real protection to the vehicle occupants or a poorly designed child’s toy that puts an innocent toddler at severe risk, companies need to take the proper steps to protect the health and safety of consumers.
If your loved one was killed by a dangerous or defective product, you may be able to bring a wrongful death claim against the company that designed, manufactured, or marketed the product.
- Premises Liability Accidents
One of the other most common types of wrongful death cases is a premises liability claim. South Carolina property owners and businesses have a responsibility to create and maintain reasonably safe conditions on their premises. When they fail to do so, they expose innocent people to considerable danger.
If your family member was killed on another person’s property, you may be able to hold the negligent business or property owner liable through a wrongful death lawsuit. Similar to other cases, to prevail in this type of legal claim, a plaintiff must present strong and compelling evidence that establishes that the defendant’s reckless or careless actions contributed to the victim’s death.
Contact Our South Carolina Wrongful Death Attorney Today
At the Peace Law Firm, our dedicated Greenville, SC wrongful death lawyer has extensive experience handling defendants and insurance companies. We are here to protect your legal rights while you focus on your family. To schedule a free case evaluation, please contact us right away. Our law firm has an office in Greenville and we handle the full range of wrongful death claims in South Carolina.