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Wrongful Dealth
Losing a loved one is devastating, especially when that loss was preventable. At The Williams Firm, we understand the deep emotional impact of wrongful death cases and the financial burdens that follow.
Our experienced team is dedicated to helping you and your family seek justice and navigate the complex legal process with care and expertise. From securing compensation for funeral costs and lost income to addressing the profound emotional toll, we stand by your side, ensuring your voice is heard and your rights are protected.
Contact us today for a free consultation* and let us guide you through this difficult time.
Losing a loved one in a sudden, unexpected way is one of life’s most painful experiences. When that loss is caused by another’s negligence or wrongful act, the heartbreak can feel overwhelming. At this time, it’s essential to understand your rights and how a wrongful death claim can help you seek justice and the financial support your family needs.
A wrongful death claim is a civil lawsuit allowing surviving family members to pursue compensation for their loved one’s death caused by another party’s negligence or intentional misconduct.
Under South Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death claim. However, compensation awarded through the lawsuit can benefit surviving family members, including spouses, children, and sometimes parents or other relatives.
Wrongful death claims address various damages, including funeral expenses, medical bills, lost income, and the profound emotional impact that follows the loss of a loved one. If you’re considering filing a wrongful death claim, an experienced wrongful death lawyer in Orangeburg, SC, can guide you through each step.
A wrongful death occurs when someone dies due to another’s wrongful act, neglect, or failure to act. It can arise from situations like fatal car accidents, truck accidents, workplace incidents, or medical malpractice cases where another’s negligence or intentional misconduct is at fault.
In South Carolina, wrongful death law is closely related to personal injury law. In many cases, if the deceased had survived, they could have pursued a personal injury lawsuit for their injuries. As a result, a wrongful death claim allows family members to seek similar forms of compensation, helping them recover financially and find a sense of justice.
A wrongful death claim results when a family member of the deceased chooses to pursue a wrongful death case and a claim is made either to the insurance of the at fault party or a wrongful death lawsuit is pursued.
Each wrongful death case is unique, and pursuing compensation requires careful documentation and experienced legal guidance to establish the claim and hold the negligent party accountable.
Under South Carolina law, a wrongful death lawsuit can only be filed by the personal representative of the deceased person’s estate. The personal representative may be a spouse, adult child, parent, or someone appointed by the court. While this representative files the wrongful death lawsuit, the compensation awarded through the claim is for the benefit of the deceased person’s family members.
In South Carolina, only surviving family members are eligible to receive compensation in a wrongful death lawsuit. Those family members can include:
Wrongful death lawsuits involve several steps, each requiring careful attention to detail and legal knowledge. Working with an experienced wrongful death lawyer ensures that your case is handled professionally, giving your family the best chance of recovering fair compensation.
To prove wrongful death, your attorney must establish that the death resulted from the defendant’s negligence or wrongful act. This process typically involves demonstrating:
Negligence is a key factor in many wrongful death cases, as proving another party’s failure to act with reasonable care is often central to securing justice. To establish negligence, it must be shown that the at-fault party breached their duty of care, directly causing the death of your loved one.
For example, if a driver’s reckless actions caused a fatal car accident, that driver could be deemed negligent. An experienced wrongful death attorney will work to gather and analyze evidence, potentially consult experts, and build a strong case to prove the other party’s liability.
Establishing negligence isn’t just about winning a case—it’s about holding the responsible party accountable and providing your family with the closure and compensation needed to move forward.
In a wrongful death lawsuit, surviving family members may seek compensation for multiple types of damages:
Economic Damages
Non-Economic Damages
Punitive Damages: In cases involving extreme negligence or intentional acts, punitive damages may be awarded to penalize the responsible party and deter similar behavior in the future.
A survival action allows the estate of the deceased to recover damages for the pain and suffering endured by the individual before death. This is separate from a wrongful death claim, and a skilled attorney will determine whether both a wrongful death and survival action can be pursued to maximize the recovery for the family.
Navigating a wrongful death case is complex, especially when you’re also dealing with the emotional impact of losing a loved one. Working with an experienced wrongful death attorney offers several critical advantages:
Each step in the wrongful death claims process is essential, and having a skilled attorney ensures that no detail is overlooked, and every opportunity for justice is pursued.
Who Can File a Wrongful Death Claim?
In South Carolina, the personal representative of the deceased person’s estate files the wrongful death claim, but surviving family members benefit from any compensation awarded.
What Types of Compensation Are Available?
Compensation can include economic damages, like medical bills and lost income, as well as non-economic damages, such as pain and suffering and loss of companionship.
How Long Do I Have to File a Claim?
South Carolina law requires wrongful death claims to be filed within three years of the individual’s death. Filing sooner ensures access to all necessary evidence and witnesses.
What If the Responsible Party Disputes Fault?
An experienced attorney will help build a strong case, collecting and analyzing evidence to establish the other party’s negligence and counter any disputes.
Choosing a wrongful death lawyer can be a challenging decision, but it’s crucial for your case. Look for a law firm with:
At The Williams Firm, we combine legal experience with genuine care for our clients, working tirelessly to support families through this challenging process.
If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate this path alone. Our team offers a free, no-obligation consultation* to help you understand your legal options and pursue justice for your loved one. Contact us today to schedule your consultation and begin seeking the support your family deserves.
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*Past results do not guarantee future outcomes. The information in this website should not be construed as legal advice. Each case is unique, and results depend on the specific facts and circumstances. We offer free consultations, but an attorney-client relationship is not established until a formal agreement is signed. Clients are responsible for any costs associated with their case. Contingency fees will be discussed upfront and are calculated before any costs are deducted from the recovery.
