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Whenever the death of a person is caused by the wrongful act or neglect of another person, the person committing the wrongful or negligent act or omission is liable for damages to the husband or wife and child or children of the deceased person. If there is no husband or wife or children, then the wrongdoer is liable to the parents of the deceased person. If there are no parents, then the heirs at law of the deceased person are entitled to recover damages.

Whenever a person is injured by the wrongful or negligent act or omission of another person, the law of South Carolina allows the injured party to be fairly compensated for his or her losses. This does not mean that the primary goal of the system is to reward the victim or punish the wrongdoer. Rather, the civil justice system is designed to provide monetary compensation to the injured party for that person's losses.

Economic Loss and The True Essence of Loss
Economic or pecuniary loss is a damage recoverable in a wrongful death lawsuit, which is the loss of the ability to earn money to support the family. Moreover, the true essence of the losses associated with the death of a family member is recoverable. These losses include mental shock and suffering, wounded feelings, grief and sorrow, loss of companionship, loss of comfort, experience, knowledge and judgment in managing the affairs of the decedent and his or her family, and loss of the ability to educate the children of the decedent.

Compensation for Economic Losses, Disfigurement & Loss Of One’s Enjoyment of Life.
The losses for which the law allows compensation include economic losses, such as past and future medical expenses incurred or made necessary by the wrongful act of another, and past and future loss of earnings. The law of South Carolina also allows compensation for such losses as disfigurement resulting from burns and other kinds of bodily scarring, permanent disability, and the pain, suffering, and mental anguish associated with significant physical injury. The law also provides for compensation for loss of one's enjoyment of life. For example, if a person who loved to play golf or fish were to lose his/her legs in an automobile collision, his/her inability to enjoy that hobby after the injury is one of the things for which the law allows compensation.

In very special circumstances where the evidence clearly and convincingly establishes that the wrongdoer acted recklessly or with intention or with conscious disregard to the results of his acts, an award of punitive damages may be appropriate. For example, if it is proven that a car manufacturer knew that the latch of its vehicle's rear door had a tendency to come open during collisions, and that as a result people were being killed or injured, but did nothing to cure the defect even though the cost would be only a few cents per vehicle, an award of punitive damages would be appropriate.

The Importance of Auto Liability Insurance
Most people realize that anyone who negligently causes a wreck can be held accountable for his wrongdoing. This is why automobile liability insurance is essential for the protection of everyone who drives. Automobile liability insurance is used to compensate the victim for his or her losses. The insurance also protects the person who caused the accident.

But what happens if the losses incurred in the wreck exceed the liability insurance coverage? For example, what happens if the wrongdoer has no insurance ....or minimum limits of $15,000 per person and a total of $30,000 per accident and the victim is profoundly injured, suffering a condition or conditions such as permanent brain injury or the loss of a limb? How does the victim receive fair compensation for his loss?

Uninsured and Underinsured Insurance
To protect themselves against losses which exceed available liability coverage, many people purchase uninsured and underinsured insurance. Available to every driver in South Carolina, it is insurance which will compensate an injured party when there is insufficient liability coverage to provide adequate compensation.

Every year hundreds of thousands of Americans are injured due to dangerous and defective products. See "Products Liability" for more information on related claims.

Each year hundreds of thousands of people are injured in this country due to the carelessness of medical personnel. This type of injury is compensable under the law. See "Medical Malpractice" for more information on related claims.

One of the leading causes of injury and death in this country by accidental means involves premises which are defective or dangerous in some way. Commercial establishments have an obligation to maintain their premises in a safe condition. The law requires that a commercial establishment inspect their premises for defects and dangerous conditions. The law also requires that if a dangerous condition is detected, a commercial establishment has an obligation to cure that defect and remove the danger.

If the defect cannot be cured or the danger cannot be removed immediately, then the commercial establishment has an obligation to guard its customers from the location of the dangerous condition. If the condition cannot be cured and cannot be guarded against, then the law requires the commercial establishment to warn against a condition. The warning must be meaningful in that it must apprise the customer of the nature of the danger and the location of the danger and how the danger may be avoided. Merely warning of a dangerous condition which can be removed or guarded against does not relieve the commercial enterprise from liability for injuries caused by defective premises.

Toxic exposure to carcinogens and other chemicals which are known to cause illness in humans is a personal injury for which the law allows compensation. Recovery in these cases depends on the nature of the toxic agent, the degree and length of exposure, and the probable link between the exposure and the illness.

When a worker is injured by a negligent third party while performing his job, his right to recover fair compensation is not limited to workers compensation benefits. (See "Workers' Compensation Law" for an explanation of those benefits.)

While workers’ compensation benefits are limited and do not provide compensation for many kinds of losses, other civil remedies may be available where someone other than one's employer has negligently caused the injury. This is known as a third party lawsuit and a civil court claim may exist for such an injury.

For example, if a person was making a delivery as a part of his job and an eighteen wheel truck owned and operated by someone other than his employer ran a red light and injured the worker in the ensuing crash, a civil claim against the driver of the truck exists. Other examples of third party lawsuits include injuries caused by defectively designed or manufactured machines or products, dangerous conditions of land or premises, and toxic chemical exposure.