The death of a loved one can cause immense grief and financial strain to a family. Learning that the death was avoidable, and resulted from someone’s irresponsible conduct, makes the pain even worse.
Surviving family members have the right to bring a wrongful death claim against the negligent party. Having a wrongful death lawyer will help you obtain the peace of mind that you need to heal. Let the Hite Law Firm Trial Lawyers serve your family.
How Does South Carolina Define Wrongful Death?
Under state law, a wrongful death is that which is caused by the wrongful act, neglect, or default of another party. A wrongful death lawsuit can be filed if the deceased victim would have had the right to file a personal injury lawsuit had he or she lived.
In this way, wrongful death lawsuits can be thought of as an extension of personal injury lawsuits. If you lost a loved one because of someone’s negligent acts, or negligent failure to do something, you may have the right to pursue a claim with the help of our Mount Pleasant wrongful death attorneys.
Types of Wrongful Death Cases We Handle
Our firm represents plaintiffs in a wide array of wrongful death claims arising from the negligence of various individuals and entities.
Some examples of wrongful death cases we handle include those that involve:
- Car accidents: These include cases of drivers who were speeding, driving while intoxicated, and driving while distracted. They also include cases in which the death resulted from the negligence of the car’s manufacturer, a parts manufacturer, or a mechanic or repair shop.
- Truck accidents: As with car accidents, claims can be pursued against negligent truck drivers for various reasons. The truck driver’s employer may be held liable if the evidence indicates the company was negligent in employing the driver.
- Motorcycle accidents: Wrongful death lawsuits can be filed against a variety of parties that cause the death of motorcyclists. There are even accidents in which a governmental entity like a county can be liable if it fails to safely maintain the roads.
- Medical malpractice: Many different medical professionals can commit malpractice, including doctors, nurses, and technicians. Successfully winning these claims can be a challenge, so retaining a skilled wrongful death lawyer is essential.
- Nursing home abuse and neglect: When nursing home employees inflict abuse on patients or neglect them, the victim can easily succumb to his or her injuries. A wrongful death lawsuit can be filed against the facility that employed the at-fault individual.
Who Can File a Wrongful Death Claim?
Only certain family members are allowed to file a wrongful death lawsuit in South Carolina. The executor of the deceased victim’s estate (or an estate administrator appointed by the probate court if no executor was named) can file a lawsuit on behalf of the eligible survivors.
These survivors may include the following:
- Spouse
- Children
- Parents, but only if there is no surviving spouse or children
- Legal heirs, if there is no surviving spouse, children, or parents
What’s the Statute of Limitations for Wrongful Death in South Carolina?
Plaintiffs in civil lawsuits, including those that involve wrongful death, have a limited amount of time to file these claims. This time limit is known as the statute of limitations, and it varies from one civil action to another. For most South Carolina wrongful death lawsuits, eligible survivors must file their claims within three years of the victim’s death. In some cases against the State, the limitation period is as little as two years. If a claim is not filed within this timeframe, it will be dismissed.
Although three years may sound like a long time, it is strongly recommended that you take legal action long before the statute of limitations expires. Evidence can be lost, memories can fade, and witnesses can disappear if you wait too long. Taking quick action is the best way to protect your family’s rights.
Potential Wrongful Death Damages
The damages, or compensation, available in a wrongful death lawsuit will depend on the underlying facts of the case. Courts consider several different factors in awarding damages, including the financial burden that falls on the family as a result of the death.
Courts also examine what the victim’s life expectancy would have been had he or she not died because of someone’s negligence. In some cases, a court may even examine the extent to which the victim’s own actions contributed to or caused his or her death.
Compensation for wrongful death may include:
- The victim’s final medical bills
- Funeral and burial expenses
- The pain and suffering the surviving family members experienced
- Loss of the financial support provided by the deceased victim, which may include lost future income and other benefits
- Loss of companionship, care, and protection that was provided by the deceased victim
- Property damage and other similar losses linked to the victim’s death
- Punitive damages in cases in which the at-fault party was especially reckless or willfully caused the victim’s death
Why the Hite Law Firm for Your Wrongful Death Claim?
Our Mount Pleasant wrongful death attorneys are ready to deliver the accountability and justice your family deserves. We investigate the circumstances surrounding the victim’s death and begin accumulating the evidence needed to pursue a claim against the negligent party. During this process, we may identify multiple parties that played a role in the death of your loved one, which helps your family seek fair and full compensation.
Our injury law firm in Mt. Pleasant also develops valuable expert witness testimony to strengthen our clients’ cases. An expert witness is an individual with specialized or technical knowledge who can explain complex subjects to a jury. An example is an accident reconstructionist.
Expert witnesses can also substantiate the damages portion of your lawsuit. For instance, an expert witness can assess the financial impact the victim’s death had on your family.
Lastly, if possible, we will negotiate a settlement with the insurance companies and lawyers representing the negligent parties. However, we recognize that there are many cases in which these parties refuse to negotiate in good faith. If a reasonable settlement cannot be reached, we will take your case in front of a jury.
Contact Our Mount Pleasant Wrongful Death Attorneys Today
Wrongful deaths are painful for the victims’ families and require the professionalism and compassion of a skilled wrongful death lawyer. The Hite Law Firm is here to represent the interests of your family. To learn more or to begin your legal claim, give us a call today at 864-664-2252 or send us a message online.
