Yes, if someone can be proven legally liable for causing the accident leading to his death. South Carolina law allows a victim’s estate to recover for his conscious pain and suffering in a claim called a “survival action.”

A victim need not be fully awake and alert to communicate conscious pain and suffering. But to prove the claim fully, you’ll need a sharp, experienced, and hardworking lawyer who knows how to probe medical records for clinical evidence of suffering, as well as interview witnesses who can attest to it, then present the evidence in a meaningful way to convince the insurance company or a jury to properly compensate the estate.

As a family member, you also have rights to recover in a claim usually brought at the same time as a survival action, called a wrongful death case

But to get a settlement, you've got to prove it the right way, with admissible evidence, to an insurance company that only cares about keeping its money from you. How much of settlement you should get for a wrongful death and survival action involves building a case based on a few critical factors under South Carolina law.

If you’re picking up the pieces from a loved one’s accidental death you think someone else is responsible for, give the burden of this claim to a professional who can ease your strain, keep you from the frustration of fighting an insurance company, and give you peace of mind your loved one’s case will be done right. There's important reasons to seek a lawyer for your situation. Contact us to see how we can carry this burden for you. Remember, it’s your only chance to make this right.

 

Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a criminal defense attorney.