David Aylor Law Offices has Charleston wrongful death lawyers with years of experience handling these sensitive cases. We understand how hard it can be to lose someone you love, especially if you lose your loved one to someone else’s negligence.
If someone you love died because of the carelessness of another, you could be entitled to compensation. There are many different damages that you can sue for in a wrongful death suit, which is why you need the help of an experienced personal injury attorney.
We know that this is a challenging time for you, and we’re here to guide you every step of the way. Contact our offices today to schedule your free consultation.
Who Can File a Wrongful Death Claim in South Carolina?
Even though a personal injury lawsuit seems similar to a wrongful death claim, they aren’t the same. In a wrongful death suit, the deceased party can’t represent themselves. Instead, the remaining family members of the deceased person will have to determine who is eligible to file a wrongful death suit.
In South Carolina, the administrator or executor of the estate of the deceased must file the wrongful death claim. In some cases, the deceased has a will in place that will name the executor. If the estate doesn’t name an administrator, then the court can appoint one.
Even if you are not the executor of the estate, you could still receive compensation. The purpose of the executor is to act on behalf of all of the remaining family members, which can include: children, the spouse, or parents.
What Compensation Can You Seek in a Wrongful Death Claim?
There are many different types of compensation that you can seek if your loved one’s passing qualifies as a wrongful death. Your settlement can cover both physical and emotional losses. A skilled attorney can help build a claim for you that encompasses all of your losses. Some of the most common damages include:
- Medical expenses before the death
- Burial expenses
- Funeral expenses
- Lost wages
- Loss of companionship
- Mental anguish
You could also seek punitive damages when the negligent party acted maliciously. This type of damage is meant to further punish the negligent party, to discourage them from repeating this conduct.
Is There a Time Limit on Wrongful Death Claims?
Yes. You only have three years from the date of the incident to file your wrongful death claim. Going through this process can be overwhelming, especially when you’re dealing with your grief. Initially you might not want to file a wrongful death claim, but you should act as soon as possible. You don’t want to start the process too late and miss out on your compensation. Remember, it takes time to build a case, and three years can go by faster than you think.
Should I File a Wrongful Death Claim?
If your loved one died because of the negligence of someone else, you deserve compensation. You should contact an experienced wrongful death attorney immediately to go over your options. We thoroughly investigate the details of your loved one’s death, so that we can build the strongest case possible. Every unexpected death should be investigated, because the remaining family members deserve answers.
Types of Wrongful Death Cases We Handle
- Car accidents: Every day there is an accident on the road, and there are many deaths due to car accidents every year. In some fatal car accidents, criminal charges might be brought against the other driver. Some of the causes of these crashes include: speeding, driving under the influence, driving while tired, driving carelessly, and driving aggressively.
- Motorcycle accidents: Riding on a motorcycle can be dangerous because of the traffic on the road. Motorcycles are smaller and harder to see, which makes other cars overlook them. Also, motorcycles don’t have a lot of safety equipment, so the riders can sustain serious injuries in even minor wrecks.
- Truck accidents: Accidents with large trucks are often catastrophic because of the size difference between trucks and other vehicles. There could be many parties that are negligent in these types of accidents, including: truck companies, manufacturers of parts, the truck driver, and more. Having a lawyer that is experienced in truck accident cases and wrongful death claims is useful in this circumstance.
- Medical malpractice: These cases can be very complex because we have to prove that a medical professional was negligent. For example, if a doctor was practicing outside of their area of knowledge, they could have committed medical malpractice. Anytime that an unexpected death occurs under the care of a medical professional, it should be investigated.
- Nursing home neglect: When you place your loved one under the care of a facility, you trust that the facility will keep them safe. However, there are many cases of abuse and neglect of the elderly. If your loved one had an unexplained decline in health before their death, they could have been neglected. Our investigation of your loved one’s death can hold the nursing home responsible and protect other families from facing a similar loss.
- Defective products: When you buy a product, you expect that you can safely use this product without injury. There are product recalls, especially when problems are found in large items like cars. So, if your loved one died in a car accident because of a defective part, this could be a case for a wrongful death claim. If we can prove the car manufacturer knew that the part was defective, this is an instance of them being negligent.
Each fatal accident has different circumstances, so it’s important to hire an attorney that can handle your case. We have over 15 years of experience successfully handling wrongful death suits in South Carolina. We know what it takes to research your case, while sensitively handling this matter. No amount of compensation will ever fill the hole that your loved one leaves behind, but it can help you move forward.
How Should I Pick a Wrongful Death Attorney?
First, find an attorney that is experienced and specializes in wrongful death claims. Just because a lawyer practices in a certain area, doesn’t mean that it’s their specialty. You need an attorney that understands your case, so you can get the compensation that you deserve. Many lawyers offer free consultations, and you should use this appointment to interview your potential legal counsel.
Hire An Experienced Wrongful Death Lawyer Today!
You have no time to lose in your wrongful death lawsuit. If your loved one has died as the result of someone else’s negligence, you could be entitled to a settlement. Contact our offices today to schedule an appointment. We’re here to help you in this difficult time and to get you the compensation that you deserve.