Wrongful Death Attorney in South Carolina
First and foremost, we're sorry for your loss.
The loss of a loved one is unimaginable.
When it happens because of the negligent or intentional acts of another, the loss can be even more devastating for the family of the victim.
You are dealing with emotional
This can cause additional grief during a time when you are trying to process your loss.
The Peace Law Firm is here to help clients hold those responsible for the loss accountable for their actions.
We secure financial compensation for the victim’s family with a wrongful death lawsuit.
What is Wrongful Death?
South Carolina law defines wrongful death as the loss of life caused by the wrongful act, neglect, or default of another. This wrongful act or omission must be something that, if the victim had lived, they would have been able to file a personal injury lawsuit against the party responsible and collect compensation for the harm caused.
Almost all accidents that result in a fatality qualify for a wrongful death lawsuit. Some of the most common causes of a wrongful death claim include the following:
- Car accidents
- Commercial trucking accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Premises Liability/Slip & Falls
- Workplace accidents
An experienced wrongful death attorney can review the facts of your claim and explain your legal options. The Peace Law Firm knows what it takes for a successful wrongful death lawsuit.
Family Compensation for Wrongful Death Claims
Wrongful death suits are typically based on unexpected deaths. They usually occur because of an accident or intentional act of violence. Most people do not consider the financial ramifications that a wrongful death will inflict on a family. But, for many, especially if the loss is of the primary earner, the financial consequences can be severe.
No amount of money can ever bring your loved one back. But compensation from a wrongful death lawsuit can help your family manage financially while you grieve. Damages from a wrongful death claim intend to cover the physical and emotional loss of the victim.
Compensation includes money for final medical expenses, funeral and burial costs, loss of future income and benefits, loss of retirement earnings, property damage and other financial losses, pain and suffering, emotional distress, mental anguish, loss of the victim’s experience, knowledge, and judgment, and the loss of the victim’s care, companionship, and protection.
In the most egregious cases of wrongful death, where the actions of those responsible were particularly deliberate or reckless, the court may award exemplary damages. These punitive damages serve as additional punishment for those responsible and as a deterrent to others who may consider similar actions. There are currently no caps on compensatory or exemplary damages for wrongful death in South Carolina.
South Carolina Wrongful Death Law
In South Carolina, the administrator or executor of the victim’s estate a wrongful death lawsuit must file the wrongful death claim. In many wrongful death cases, the victim does not have an estate plan in place so in these situations. For these cases, the court will often appoint an executor to handle the estate and the wrongful death claim. The executor brings the claim on behalf of the victim’s surviving family members.
Under South Carolina law, surviving family members that can collect compensation for a wrongful death include the victim’s spouse and children. If no spouse or child exists, surviving parents may pursue a claim. Finally, heirs at law of the victim if no spouse, child, or surviving parents exist can pursue compensation.
Parents can collect wrongful death damages even if their child was a legal adult at the time of the fatal accident. However, a parent that abandoned the child as a minor is not allowed to reappear and collect damages after the child’s death.
The family of a wrongful death victim only has a certain period of time to file a claim. This time limit is the statute of limitations. South Carolina law dictates that victims must file the claim must within three years of the date of the person’s death. If victims file after that date, the court can throw the case out. This will bar the family from collecting any compensation for the wrongful death.
The Peace Law Firm Can Help
An experienced attorney can provide many legal services to the loved ones of a victim lost to wrongful death. A lawyer will follow the correct legal procedures. They will file paperwork in a timely manner with the court to sustain your claims. An attorney will open their own investigation into the case. They will collect evidence and witness statements that corroborate your claims of wrongful death and prove the fault of those responsible for the loss.
A lawyer also handles all communication and negotiation with insurance companies and attorneys so you don’t have to. Your lawyer can argue over the settlement so you can grieve in peace and focus on your family.
If a full and fair settlement for the wrongful death of your loved one cannot be reached, a lawyer can take your case to trial. This includes all preparation and pretrial motions, examination
Let the aggressive and knowledgeable attorneys at Peace Law Firm handle the responsibility of your wrongful death case and advocate on your family’s behalf.
You Do Not Have to Handle This Alone
The Peace Law Firm prides itself on providing compassionate advocacy. We give expert representation to clients of wrongful death lawsuits. You should not have to manage your grief and fight the insurers at the same time, let our office help. Call or contact us today to schedule a free consultation with one of our experienced personal injury attorneys about your wrongful death case.