West Ashley Wrongful Death Lawyer

Losing a loved one is never easy, and it can be even harder to accept when someone else’s negligence is responsible for their death. If you’ve experienced a wrongful death in West Ashley, you may be facing financial burdens and seeking justice on behalf of your loved one. 

A West Ashley personal injury death lawyer from Miller, Dawson, Sigal & Ward understands the deep pain your family is feeling and cares about honoring your loved one’s memory by seeking justice on their behalf. 

We are the South Carolina Injury Law Firm that gets results that matter. You will receive compassionate support when you come to us. Our West Ashley wrongful death lawyers will listen to your concerns and put your family’s needs first. Start your case with a free consultation.

Understanding Wrongful Death Laws in South Carolina

South Carolina’s wrongful death laws allow surviving family members to seek financial compensation when a loved one dies due to someone else’s negligent, reckless, or intentional actions. The laws aim to provide financial relief and hold the responsible party accountable.

Which Relatives Can  File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, the personal representative of the deceased person’s estate files the lawsuit. They file it on behalf of the deceased’s surviving family members, such as:

• The spouse and children
• The parents (if there is no surviving spouse or child)
• Other legal heirs (if there are no immediate family members)

Compensation awarded in these cases is distributed to these family members according to South Carolina law.

Common Causes of Wrongful Death in West Ashley, S.C.

Wrongful death cases in South Carolina often arise from:

• Car accidents
• Workplace accidents
• Medical malpractice
• Defective medications and products
• Criminal actions
• Nursing home neglect or abuse
• Slip and fall accidents
• Construction site accidents
• Trucking accidents

These situations highlight common causes where negligence or wrongful actions can lead to a tragic loss of life. Getting legal and emotional support from our compassionate West Ashley wrongful death lawsuit lawyers can make it easier to pursue your case while also taking care of your family. 

We have recovered millions for those we serve, as our case results show, and we want to help you receive the compensation that can help your family. Call us today for a free consultation.

How Our West Ashley Wrongful Death Attorneys Can Help You

When you come to the Thumbs Up Guys, we will move forward with your case and always look out for you. As we fight for fair compensation, we will:

• Investigate the circumstances of your loved one’s death in West Ashley.
• Gather supportive evidence to build a strong case.
• Identify all liable parties that owe you compensation.
• Handle communications and negotiations with insurance companies and other parties.
• Prepare and file a lawsuit if we cannot reach a settlement.
• Represent your family’s interests in court and fight for your award at trial.

You can leave your entire case to us while you handle final arrangements for your loved one. We will take care of all paperwork and phone calls and update you on your case’s status. Call us today for a free consultation. We are ready to answer your questions and concerns.

Recoverable Damages in a West Ashley Wrongful Death Case

The losses you could recover will be unique to your case. We will consider each one and determine how much compensation you can seek from the liable party. 

You could recover the following in your case:

• Medical expenses related to  your loved one’s injury or illness
• Funeral and burial or cremation costs 
• Lost income and benefits your relative would have provided
• Loss of companionship, guidance, and protection from your family member
• Pain and suffering surviving family members have experienced

Does South Carolina Award Punitive Damages for Wrongful Death?

Yes, South Carolina does allow punitive damages in wrongful death cases. However, they are rare and not automatically awarded. Punitive damages are designed to punish the responsible party for especially reckless, malicious, or intentional behavior and to deter similar actions in the future.

To receive punitive damages in a wrongful death case in South Carolina, the plaintiff must show that the defendant’s conduct was more than just negligent. They must prove the negligent party acted with willful, wanton, or reckless disregard for the safety of others.

Factors That May Lead to Punitive Damages

Examples of situations where punitive damages might be awarded include:

• Driving under the influence (DUI) that results in a fatal accident.
• Gross negligence in medical malpractice cases.
• Intentional acts of harm or violence that cause death.

Because punitive damages are meant to punish and deter, they are generally awarded in addition to compensatory damages, such as medical expenses, funeral costs, and emotional suffering.

How Do You Prove a Wrongful Death Case in South Carolina?

To succeed in a wrongful death case, you must prove:

• Duty of care: The responsible party owed a duty of care to the deceased (e.g., a driver must follow traffic laws).
• Breach of duty: The duty of care was breached through negligent or intentional actions.
• Causation: The breach directly caused the death.
• Damages: The family suffered losses due to the death.

Our West Ashley wrongful death attorneys will handle these elements of a wrongful death case for you. They all require knowledge, experience, and dedication, which our team has.  

Time Limits for Filing a Wrongful Death Lawsuit in South Carolina

South Carolina’s statute of limitations deadline for wrongful death claims is generally three years from the date of death, per state law. Failing to file within this period could result in losing the right to pursue compensation. 

Reach out to our wrongful death claim attorneys serving West Ashley as soon as possible so we can advise you on how much time you have to pursue a case. If we handle your case, we will file it on time.

Call Us Today for Help From Our West Ashley Death Lawyer

At Miller, Dawson, Sigal & Ward, we want to give your family peace of mind, knowing that our legal professionals are committed to protecting your family’s rights during such a difficult time. You have the right to hold the negligent party accountable for your loved one’s death.

We are ready to hear from you and learn how we can help. Call or contact the Thumbs Up Guys online today to connect with our team for a free case review.