In St. George, a man died recently in a controlled burn that got out of control. He was burning yard debris in Dorchester when high winds caused the fire to shift. The 59-year-old man died from heat inhalation and thermal injuries suffered as a result of the fire.
This was the second fatal accident of this kind in the same week. With many people taking care of yard debris this time of year it’s important to be safe. Fires, even when controlled can get out of hand quickly. A small fire can quickly ignite grass and trees close to the burn. If a fire gets out of control don’t try and put it out yourself. Call 911 immediately for help. Your life and the lives of those around you are the most important things when a fire gets out of control.
Sometimes, a person’s death is caused by the negligence of another. In these cases, the deceased person’s family may bring a wrongful death claim against the negligent person.
A wrongful death claim arises out of a civil action accusing one party as responsible for causing another party’s death. Since the person who died cannot bring a lawsuit against the one who caused the death, the civil action allows close relatives to bring the claim to court on the decedent’s behalf.
The civil action is not always exclusive and sometimes is linked to criminal prosecution. If a person is accused and tried or convicted for murder, manslaughter, criminal negligent homicide or a similar theory, a family can sue that person civilly for causing the death of their family member.
Every state has different laws and interpretation of statutes surrounding wrongful death claims. Interpretations of these statutes are important in understanding the statute of limitations and other important matters of law that apply to the wrongful death claim in the jurisdiction where the death occurred.
Howell & Christmas have more than 30 years of combined legal experience representing people who have been seriously injured in the Charleston area. We have the dedication and knowledge to help you recover losses suffered as the result of someone else’s negligence. If you have lost a loved one due to another’s negligence we can advise you as to if you may have a wrongful death claim. Call us today for a free consultation.
