If a burn accident takes the life of one of your family members, South Carolina law allows you to file both a "survival" and a wrongful death claim. The difference between the claims is significant: a wrongful death action compensates a family for the financial and emotional damages it experiences as a result of the loved one’s passing, whereas the survival action compensates the burn victim's estate for the damage award he or she would have received if still with us.
What Can You Recover Compensation For?
Many times, people suffer injuries that, while severe, do not cause an immediate fatality. When this happens, they may pursue a personal injury action to recover compensation for:
- medical bills;
- lost wages;
- lost mobility;
- physical pain; and
- mental anguish.
Unfortunately, injuries arising from burn accidents may turn fatal weeks, months or years later. When this occurs, family members of the deceased may file a survival action based on the damages, pain, and suffering endured by the deceased between the time of injury and the date of their passing.
Wrongful death lawsuits are often filed in addition to the survival action. The wrongful death portion of the suit seeks compensation for the grief, sorrow, loss of companionship, and loss of income experienced due to a family member's passing.
Receive Legal Help & Guidance
According to the World Health Organization, approximately 195,000 individuals die every year because of burn injuries. When these incidents are caused by another’s negligence, there can be no closure until the at-fault party is held responsible.
For a free consultation regarding a wrongful death, survival, or burn injury claim, call me today at 803-790-2800. I am based in Columbia, but also help families in Lexington, Sumter, and across South Carolina. I cannot undo your loss, but I will help guide your family toward answers and justice.