Charleston Group Home Hit With Wrongful Death Suit
Charlotte, NC Personal Injury Lawyer
The father of a deceased resident of South Carolina MENTOR, a group home in Charleston that cares for intellectually and developmentally disabled adults, filed a wrongful death suit against the facility. The deceased man, who was autistic and was in the care of the group home, wandered from the facility and was fatally struck by a vehicle in a hit-and-run accident. According to an article from The Post and Courier, the man had wandered from the facility at least four times since moving into the facility, and the father alleges that the home’s staff failed to heighten its supervision accordingly.
South Carolina’s Wrongful Death Statute
South Carolina law defines wrongful death as being caused by the “wrongful act, neglect, or default” of another. It is essentially a claim for personal injury that the deceased would have filed against the negligent party if he or she were alive and is, instead, brought by the executor or administrator of the deceased person’s estate. If there is no estate, then the court may name an administrator.
The executor, in actuality, brings suit on behalf of the deceased individual’s surviving family members. In South Carolina, these may include the surviving spouse and children or, if there are none, the surviving parents. If there are no parents, spouse, or children, then any recovered damages will go to his or her heirs at law.
Additionally, there is a legal time limit that wrongful death suits may be brought, which is set by a statute of limitations. In order for the court to accept the suit, it has to be filed within three years of the date of the deceased individual’s death.
Monetary damages are usually the form of recovery for wrongful death claims. These damages include compensation for different things such as funeral expenses and medical bills related to the deceased individual’s final illness or injury. Additionally, the court may also award lost wages and benefits from the individual that would have gone to family members. The court may then award damages resulting from the loss of the deceased individual’s care and companionship, and other pain and mental anguish suffered by the surviving family members.
Proving Wrongful Death in an Adult Care Home Neglect Case
In order to recover damages in a wrongful death case for an adult who was neglected in a nursing home, the plaintiff has to present evidence that the facility did something or failed to do something that was not up to par with the standard of care that it should have provided. Additionally, the plaintiff has to be able to show that the facility’s failure caused the individual’s death.
To that end, there are many forms of evidence that may be helpful towards proving the facility’s negligence. This may come in the form of photographs of injuries, medical records, including records of care provided by the facility, recordings, testimony from employees, and other things.
Proving that nursing home neglect occurred, either involving elderly individuals or individuals with disabilities, can be a complex endeavor. When brought in the context of a wrongful death suit, the process can be even more daunting. If you wish to bring a wrongful death claim, the attorneys at Bice Law, LLC may be able to help you seek compensation. Contact us today for a free initial consultation.
Contact the Personal Injury Law Firm of Bice Law:
The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability. We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly. Call 877-BICE-877 today or submit an online request to get a free consultation with a personal injury attorney. We serve families across both North Carolina and South Carolina.