Losing someone you love because of another person’s carelessness or reckless behavior is one of the most painful things a family can go through. No legal action can undo that loss, but a Charleston wrongful death lawyer at The Thumbs Up Guys can help your family pursue the justice and financial support you deserve.
Under South Carolina law, families who have lost a loved one due to someone else’s negligent or wrongful actions have the right to file a wrongful death claim and seek compensation for their loss. If your family is facing this kind of tragedy, we are here to stand beside you every step of the way.
Why Choose the Thumbs Up Guys for Your Charleston Wrongful Death Claim?
When you are grieving, the last thing you want is to deal with insurance companies that see your family as just another claim number. At The Thumbs Up Guys, we treat every family we work with like our own. Our team has recovered over $100 million in verdicts and settlements since 2020, including multi-million-dollar results in cases involving fatal collisions and dangerous property conditions.
Here is what sets us apart:
- No Fee Unless We Win: You pay nothing upfront and owe us nothing unless we recover compensation for your family. Our no-fee promise means there is zero financial risk in reaching out to us.
- A Proven Legal Process: Our legal approach has been developed over decades and is designed to build the strongest possible case on your behalf. From collecting evidence to bringing your case to resolution, we handle every detail so you can focus on healing.
- A Reputation Insurance Companies Respect: When insurance companies see that your family has hired The Thumbs Up Guys, they know they are in for a fight. Our track record of results backs that up.
- Award-Winning Representation: Our team has been recognized with honors including Best Law Firm in Charleston and Super Lawyers, reflecting our commitment to the families we serve.
Your family’s well-being is our priority, and we will not rest until we have pursued every dollar you are owed.
For a free legal consultation with a wrongful death lawyer serving Charleston, call (843) 380-8350
Understanding Wrongful Death Claims in South Carolina
A wrongful death claim is a civil lawsuit filed when someone dies because of another party’s negligent, reckless, or intentional actions. Under South Carolina Code Section 15-51-10, a wrongful death is defined as one caused by the “wrongful act, neglect, or default” of another person or party.
In simpler terms, if the person who passed away would have had the right to file a personal injury lawsuit for their injuries had they survived, then their family may have a wrongful death claim.
It is important to understand that a wrongful death case is separate from any criminal charges. Even if no criminal case is ever filed, or if a defendant is found not guilty in criminal court, your family can still pursue a wrongful death claim in civil court.
The standard of proof in a civil case is lower than in a criminal case, meaning families can hold a responsible party accountable even when criminal prosecution does not succeed.
Charleston Wrongful Death Lawyer Near Me (843) 380-8350
Types of Charleston Wrongful Death Cases We Handle
Wrongful death cases in Charleston can arise from many different types of incidents. Some of the most common accident cases we handle include:
- Car accidents caused by a distracted, speeding, or negligent driver
- Truck accidents involving commercial vehicles on I-26, I-526, or Highway 17
- Motorcycle accidents where another driver failed to share the road safely
- Pedestrian accidents in busy areas like King Street, the Market, or along Savannah Highway
- Drunk driving accidents where an impaired driver caused a fatal crash
- Slip and fall accidents on poorly maintained commercial properties, hotels, or public spaces
- Dog bite attacks that result in fatal injuries
- Rideshare accidents involving Uber or Lyft vehicles
- Bicycle accidents on Charleston’s roadways and shared paths
- Workplace injuries that lead to a fatal outcome
This is not a complete list. If your loved one died because of someone else’s actions or negligence, we encourage you to contact us so we can evaluate your family’s situation.
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Who Can File a Wrongful Death Lawsuit in Charleston?
Under South Carolina law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. A personal representative is the executor or administrator named in the person’s will, or someone appointed by the court if there was no will.
The personal representative files the claim on behalf of the people the law recognizes as beneficiaries. According to S.C. Code Section 15-51-20, those beneficiaries include:
- The spouse and children of the deceased
- If there is no surviving spouse or children, then the deceased person’s parents
- If there are no surviving parents, then the deceased person’s heirs
Any compensation recovered in a wrongful death case is distributed among these beneficiaries according to South Carolina’s intestate succession rules, which determine shares based on each person’s relationship to the deceased.
If you are unsure whether you qualify as a beneficiary, our team can walk you through your legal options at no cost.
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Compensation Available in a Wrongful Death Lawsuit
A wrongful death claim is designed to help surviving family members recover financially after the loss of their loved one. While no amount of money can replace the person you lost, a successful claim can provide meaningful support. Families may be able to seek compensation in two main categories:
Economic damages cover measurable financial losses, such as:
- Medical bills related to your loved one’s final injury or illness
- Funeral and burial expenses
- Loss of the deceased person’s future income and earning capacity
- Loss of benefits like health insurance or retirement contributions
- Other financial contributions the deceased made to the household
Non-economic damages address the emotional and personal losses your family has suffered, including:
- Mental anguish and emotional pain
- Loss of companionship, love, and guidance
- Loss of the deceased person’s care and protection
- Loss of the relationship you shared with your loved one
In cases where the death was caused by especially reckless or intentional conduct, South Carolina courts may also award punitive damages. These damages are meant to hold the responsible party accountable and discourage similar behavior in the future.
Your family may also be able to file a related claim called a survival action, which seeks compensation for the pain and suffering your loved one experienced between the time of the injury and the time of their passing. A survival action is filed alongside a wrongful death claim and is handled through the deceased person’s estate.
Filing a Wrongful Death Claim in Charleston
Time is a critical factor in wrongful death cases. Under South Carolina law, the statute of limitations for wrongful death claims is three years from the date of death. If a claim is filed against a government entity, the deadline may be shortened to two years. Missing this deadline can mean losing the right to seek compensation entirely.
Beyond the filing deadline, there are practical reasons to act quickly. Key evidence like surveillance footage, witness memories, and physical evidence at the scene can fade or disappear over time. The sooner our team gets involved, the better positioned we are to build a strong case for your family. We handle important early steps such as:
- Conducting a thorough investigation into the cause of death
- Gathering police reports, medical records, and witness statements
- Working with professionals to calculate the full financial impact of your loss
- Communicating directly with insurance companies on your behalf
- Filing all required legal paperwork within the proper deadlines
While you focus on your family and on grieving, we take care of the legal process from start to finish.
How Insurance Companies Handle Wrongful Death Claims
Insurance companies often move quickly after a fatal accident, and not because they are trying to help your family. Their goal is to resolve your claim for as little money as possible. They may offer a fast settlement that sounds generous in the moment but falls far short of what your family actually needs to cover long-term financial losses.
Some of the tactics insurance adjusters commonly use include:
- Reaching out early with a lowball settlement offer before you have had time to understand the full value of your claim
- Requesting recorded statements that can be used to minimize your case
- Disputing the cause of death or the extent of the responsible party’s fault
- Delaying the process in hopes that financial pressure will force you to accept less
At The Thumbs Up Guys, we deal with insurance companies every single day. We know their tactics, and we do not let them take advantage of grieving families. Our job is to stand between your family and the insurance company, making sure your claim is valued fairly and that you are never pressured into accepting less than you deserve.
Mistakes That Can Hurt Your Wrongful Death Claim
During a time of grief, it is easy to make decisions that can unintentionally harm your family’s legal case. Here are some common mistakes to avoid:
- Accepting an early settlement offer without first understanding the full scope of your losses
- Waiting too long to take legal action, which can put your claim at risk of being barred by the statute of limitations
- Giving recorded statements to an insurance adjuster without legal guidance
- Posting on social media about the accident or your loved one’s passing, as insurance companies may use these posts against your claim
- Not appointing a personal representative for the estate, which is required to file a wrongful death lawsuit in South Carolina
Having a Charleston wrongful death lawyer involved early can help you avoid these pitfalls and protect your family’s right to full compensation.
Results We’ve Achieved for Clients
Our track record speaks for itself. The Thumbs Up Guys have recovered over $100 million in verdicts and settlements since 2020. Some of our notable results include:
- $9,000,000 for a case involving a dangerous hotel balcony
- $4,000,000 for a tractor-trailer collision
- $4,000,000 for a head-on accident
Every case is different, and past results do not predict what will happen in your case. But these outcomes show the level of commitment and effort we bring to every family we represent.
FAQs for Charleston Wrongful Death Lawyers
Here are answers to some of the most common questions families ask when considering a wrongful death claim in Charleston.
How long does a wrongful death case take to resolve?
Every case is unique, and timelines depend on factors like the complexity of the investigation, the number of parties involved, and whether the case goes to trial. Some cases settle within months, while others can take longer. Our goal as wrongful death attorneys is always to resolve your case as efficiently as possible without sacrificing the compensation your family deserves.
Can I file a wrongful death claim if the responsible person was never charged with a crime?
Yes. A wrongful death lawsuit is a civil action, which is separate from any criminal case. You do not need a criminal conviction, or even criminal charges, to pursue a wrongful death claim. The standard of proof in a civil case is lower, requiring only that the responsible party was more likely than not at fault.
What if my loved one was partially at fault for the accident?
South Carolina follows a modified comparative negligence rule. As long as your loved one was less than 51% at fault for the accident, your family may still recover compensation. The total amount may be reduced by the percentage of fault assigned to the deceased.
Do I need to go to court for a wrongful death case?
Most wrongful death claims are resolved through settlement negotiations without ever going to trial. However, if the insurance company refuses to offer a fair settlement, our team is fully prepared to take your case to court and fight for your family in front of a jury.
How is the compensation divided among family members?
In South Carolina, wrongful death proceeds are divided according to the state’s intestate succession laws, regardless of what any will might say. Typically, a surviving spouse receives half and the children split the other half equally. If there is no spouse, the children receive the full amount. If there are no children, the parents or other heirs may receive compensation.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses, like lost income and companionship. A survival action compensates the deceased person’s estate for the pain, suffering, and medical costs the person experienced between the injury and their death. Both claims can be filed at the same time.
Can I afford a wrongful death attorney in Charleston?
At The Thumbs Up Guys, our no-fee promise means you pay nothing unless we win your case. There are no upfront costs and no out-of-pocket expenses. We take on the financial risk so your family does not have to.
Speak With Our Charleston Wrongful Death Lawyers Today
If your family has lost a loved one because of someone else’s negligence or reckless actions, you do not have to face this alone. The Thumbs Up Guys are here to fight for your family with the same dedication and compassion we bring to every case. We will handle the legal battle with the insurance companies so you can focus on what matters most: your family and your healing.
Contact us today for a free, no-obligation case evaluation. There are no fees unless we win, and our team is ready to listen to your story and help you understand your options. Call us at (843) 380-8350. Your family deserves justice, and we are ready to fight for it.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
