When do you have the right to pursue a wrongful death lawsuit? If you’ve recently lost a loved one due to someone else’s negligence, you can work with a Charleston wrongful death lawyer to hold that person accountable for:
- A loved one’s funeral expenses
- Your family’s mental anguish
- Your loss of companionship
- Your family’s lost income
- The emotional strain of the legal process
The Thumbs Up Guys at Miller, Dawnson, Sigal & Ward Injury Attorneys began advocating for families in need in 2018. You and your loved ones can trust our Charleston, South Carolina, personal injury lawyers to treat your case with care while fighting for the fair compensation you need to move forward.
Your case consultations with our legal team come free of charge. Book yours today to learn more about what our law firm can do for you during this difficult time.
Who Can File a Wrongful Death Claim in South Carolina?
According to South Carolina law, only the deceased’s personal executor may take legal action in their name following a tragic accident. Most people name their personal executor in their will. If you’re not sure whether or not you can serve as the deceased’s personal executor, you can go over their will with an experienced attorney.
If the person who passed didn’t have a will, the state of South Carolina has the right to name a personal executor on that person’s behalf.
While a personal executor remains the only person who can hold a responsible party accountable for a loved one’s untimely death, the deceased’s immediate family stands to benefit from their legal action. Namely, the deceased’s spouse, children, parents, and heirs may all receive compensation to alleviate the financial burden of a loved one’s loss.
What’s the Difference Between a Wrongful Death Claim and Criminal Action?
While a personal executor remains the only party who can take wrongful death action, any of the deceased’s family members may reach out to local police requesting an investigation into the criminal behavior that led to a loved one’s fatal accident.
Usually, the criminal and civil processes take place entirely separate from one another, especially following the unexpected death of a loved one.
However, if local police and representatives from the criminal circuit convict your liable party of a misdemeanor or felony, you can submit that conviction as proof of negligence when bringing a loved one’s wrongful death claim forward. You can discuss this process in more detail when you meet with our wrongful death attorneys in Charleston.
For a free legal consultation with a wrongful death lawyer serving Charleston, call (843) 380-8350
When Should You Contact an Experienced Wrongful Death Lawyer in Charleston?
It’s difficult to describe the devastating aftermath of a loved one’s death. Not only are you reeling with emotional pain, but the financial losses that come with a loved one’s passing can put you in a difficult financial situation.
These circumstances are challenging to deal with on your own, even before you consider how insurance companies and insurance adjusters may start to infringe on your everyday life. Unfortunately, insurance providers may try to pressure you into accepting a settlement that both undermines your family’s losses and limits your right to legal action in the future.
It’s with that risk in mind, paired with the emotional stress your family is under, that our team recommends you contact an experienced legal representative. Working with an attorney does not require you to take a personal injury claim to civil court, but rather lets you work with an ally who can preserve your right to peace and legal action.
Charleston Wrongful Death Lawyer Near Me (843) 380-8350
What Services Can You Expect From a Charleston Wrongful Death Lawyer?
Turning to an experienced lawyer for legal guidance after a loved one’s death allows you to benefit from your lawyer’s comprehensive understanding of wrongful death legislation. We allow you to focus on grieving the loss of a loved one without compromising your right to long-term legal action.
You can specifically count on our team to:
- Create a professional distance between you, a liable party, and insurance claims adjusters following an accident
- Find the evidence necessary to name a specific party liable for your loved one’s death
- Connect you with professional investigators and expert witnesses who can build out your claim
- Explore your right to pursue an insurance claim on a loved one’s behalf, as applicable
- Finalize your insurance claim and make your need for support known to insurance companies
- Defend your right to a fair settlement in ongoing negotiations
- Take your case before a civil judge, as necessary
- Represent you in and out of civil court
- Refocus conversations on your right to maximum compensation
- Give you the space you need to prioritize your and your family’s grief
- Contest any attempts to minimize your recovery or dismiss the validity of your case
Notably, we customize our legal services to suit your long-term goals. If you want to settle with an insurance company after a loved one’s passing, we can manage those negotiations for you. If you want to take a liable party to civil court, we can represent you in private conversations as well as in front of a judge. Your comfort is our priority.
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What is Your Wrongful Death Case’s Statute of Limitations?
S.C. Code § 15-3-530(6) allows a loved one’s personal executor to take no more than three years to build a loved one’s wrongful death claim. Applicable parties must finalize their request for financial compensation before the third anniversary of a deceased person’s passing, or else South Carolina’s courts may not consider their request for support.
Fortunately, you and your loved ones can book a free case consultation with qualified wrongful death lawyers in Charleston shortly after a loved one’s fatal accident. Our legal advice can help you decide how you want to proceed with your financial recovery and what role, if any, you want us to play in that process.
The sooner you get in touch with our team, the sooner we can gather the evidence necessary to meet South Carolina’s burden of proof and move your claim forward.
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What’s the Difference Between Survival Action and a Wrongful Death Lawsuit?
While families grieving a loved one can benefit from survival action as well as a wrongful death lawsuit, the two forms of action are not the same.
A wrongful death lawsuit allows families to recover from the cost of a loved one’s funeral and post-mortem costs. Comparatively, survival action allows a family to continue a lawsuit begun before the deceased passed.
For example, say someone gets grievously injured in an accident, but they’re well enough to open a lawsuit against a liable party. If they die as a result of their car accident injuries, applicable parties from the deceased’s estate can pursue a survival action to continue the lawsuit the victim started.
How Do You Prove Wrongful Death?
Wrongful death cases in South Carolina hinge on what is known as the duty of care. That means a person has an obligation to act a certain way, and if they fail to do so, they are negligent. For example, an employer has the duty to keep a safe work environment, and a driver has the duty to drive responsibly.
In South Carolina, a death is wrongful if:
- The defendant owes a duty of care to the deceased.
- The defendant failed to meet the duty of care, which caused the death in question.
- The breach of duty of care caused damages to the surviving family members of the deceased.
A Charleston personal injury lawyer who represents wrongful death claims can work to prove the negligence of the at-fault party so you and your family can recover from your loved one’s death.
What Evidence Can You Use in a Wrongful Death Claim?
The evidence you use to argue that you have the right to pursue wrongful death action will vary based on the circumstances that resulted in a deceased person’s passing. Fortunately, you don’t have to gather that evidence on your own. Our professional investigators can go to work collecting:
- Medical records detailing a loved one’s fatal injuries
- Paperwork, including pay stubs, elaborating on your family’s loss of income
- Physical debris from the accident scene
- Statements from witnesses
- Video footage of the accident, as applicable
- Photos from before and after the accident, as applicable
- Invoices elaborating on your family’s burial expenses
- Electronic evidence of negligence, as applicable
- Statements from expert witnesses, including police officers and coroners
We can keep you in the loop as we unveil the negligence that led to your family’s devastating loss. You can reach out to our team at any point with questions about the data we’re gathering and the narrative of negligence that we can present to South Carolina’s courts on your behalf.
How Much Can I Get in a Wrongful Death Lawsuit?
The compensation you receive when filing a wrongful death claim will vary depending on the type of negligence that contributed to your loved one’s untimely passing. Our wrongful death attorneys in Charleston will take independent stock of your economic and non-economic losses before moving your claim forward.
In the past, we’ve helped clients recover wrongful death damages based on losses like the following:
- Pre-mortem hospice care and other medical expenses, including a loved one’s emergency care
- Burial costs and other funeral expenses
- Lost income and/or lost earning potential
- Property damage and essential repairs
- Loss of companionship and loss of consortium
- Emotional distress
- Pain and suffering
- Reduced quality of life
We will keep you in the loop as our investigators and other parties determine what losses you can include in a loved one’s claim.
Do You Have to Go to Trial to Secure Wrongful Death Claim Damages?
You are under no obligation to take a wrongful death case to trial after you lose a loved one. In fact, the majority of these cases come to their natural conclusion during settlement negotiations. Once you file a personal injury claim, you have the right to ask an attorney to arrange these negotiations on your behalf.
However, discussing your right to loss-based compensation with the party responsible for your loved one’s death is hard. If you’d rather not meet with that party, our attorneys can oversee negotiations on your behalf. We will never agree to a settlement without first having a conversation with you.
If you’d rather forgo negotiations and take your case straight to court, our Charleston, SC, wrongful death attorneys can prepare you for that process. We are experienced litigators who aren’t afraid to undergo the trial process, and we can make it more accessible for you and your loved ones.
Talk to Experienced Wrongful Death Lawyers for Free
Miller, Dawson, Sigal & Ward believe that South Carolina families have the right to fair compensation in the wake of a loved one’s tragic passing. We want the clients in our care to benefit from tried-and-tested legal representation that doesn’t put any additional strain on their financial situation.
That’s why our experienced attorneys work on contingency. You don’t have to put down a deposit or pay a retainer to start working with our team. If you decide to move a wrongful death case forward, you get to work with our contingency-based attorneys. We only get paid if we win your case.
What’s more, your case consultation with The Thumbs Up Guys comes free of charge. If you’re ready to learn more about your right to pursue wrongful death damages in a loved one’s name, you can schedule your case evaluation online or by phone. Our Charleston, SC, wrongful death lawyers are ready to work with you.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
