If a loved one dies due to someone else’s negligence in South Carolina, you have up to three years to file a wrongful death lawsuit. Per South Carolina’s statute of limitations for wrongful death claims, you have three years from the date of your loved one’s death to pursue damages. If you wait more than three years, you lose the right to request damages from any at-fault parties.
At The Shelly Leeke Law Firm, we understand the challenges that come with a wrongful death lawsuit. If you want legal help, connect with a South Carolina wrongful death lawyer from our firm. From here, our attorney can review your wrongful death claim and help you figure out how to proceed with it.
When to File a Wrongful Death Lawsuit in South Carolina
A wrongful death is defined as any death that occurs due to the wrongful act of someone else. There are many instances in which you can file a wrongful death lawsuit in South Carolina. These include:
Your loved one can get struck and killed in a motor vehicle accident. The driver that caused the accident may have been negligent behind the wheel, which led to the accident. In this instance, you can sue the driver for damages.
A truck driver may speed, resulting in a fatal accident. Or, a truck driver may feel exhausted, to the point where they lose focus and cause an accident in which one or more people are killed. In either of these scenarios, the truck driver can be sued as part of a wrongful death lawsuit.
It is an employer’s responsibility to provide workers with a safe environment. Yet, workplace hazards can crop up, go unaddressed, and lead to an on-the-job accident and fatality. When this happens, the employer can be held accountable.
A South Carolina wrongful death attorney makes sure your personal injury lawsuit is filed within a reasonable time frame. The attorney examines your case and helps you figure out how much to request in damages. Next, your lawyer files your lawsuit, and you and your attorney start to prepare for your trial date.
How Damages Work in a South Carolina Wrongful Death Lawsuit
In most instances, there are no caps on the damages you can request in a wrongful death lawsuit in South Carolina. If you are involved in a medical malpractice case, you can receive a maximum of $350,000 in non-economic damages. Otherwise, you can seek any amount of economic and non-economic damages in your wrongful death lawsuit.
A wrongful death lawyer in South Carolina examines the immediate and long-term impact of the loss of your loved one. This helps the attorney calculate an appropriate amount of damages to request in a wrongful death lawsuit. Once you and your attorney agree to a damages amount, your lawyer submits the paperwork for your lawsuit.
In the best-case scenario, a judge or jury will review your claim and award you 100% of the damages you request. To get full damages, you need to work in lockstep with a wrongful death lawyer in South Carolina. This attorney does whatever it takes to ensure you can secure the most damages possible.
How Your Attorney Works for You During Your South Carolina Wrongful Death Case
It can be months before your wrongful death lawsuit is presented to a judge or jury. During this period, you and your attorney gather and review evidence. Also, you can search for witnesses that can testify on your behalf.
Your lawyer considers your perspective and the defendant’s when they prepare your argument. On the one hand, your attorney will account for why you deserve damages. Comparatively, your lawyer will think about how the defendant’s attorney will try to oppose your argument and plan accordingly.
Once your case goes to trial, your attorney advocates for you before a judge or jury. Your lawyer makes an argument intended to compel the judge or jury to award you the damages you want. If your attorney succeeds, a judge or jury will have no qualms about ruling in your favor.
What Can Happen Before Your South Carolina Wrongful Death Lawsuit Goes to Trial
Your attorney will negotiate with the defendant’s lawyer in the hopes of resolving your wrongful death lawsuit without a trial. If a defendant comes forward with a settlement offer, your attorney will share it with you. At this time, you must decide if it is in your best interests to accept, decline, or counter the proposal.
It can be overwhelming to make a decision regarding a settlement proposal. You may be tempted to accept the offer, even if it falls short of your expectations. However, by accepting a subpar settlement, you miss out on a chance to secure a significant amount of damages.
Your lawyer can help you weigh the pros and cons of accepting a settlement proposal. Ultimately, your attorney may advise you to reject any proposal that does not match your requirements. If you decide to decline a proposal, you and your attorney keep moving forward with your litigation.
Tips to Select the Right Attorney to Represent You During Your Wrongful Death Lawsuit
Many lawyers represent clients in wrongful death lawsuits. Regardless, it is paramount to find an attorney that has plenty of wrongful death case experience. This attorney knows the ins and outs of South Carolina’s laws surrounding wrongful death lawsuits.
Choose a lawyer that will not settle for inferior case results. Your attorney should understand what it takes to resolve a wrongful death case without requiring their client to make major sacrifices. On top of that, your attorney should prioritize communication and collaboration and work with you so you can achieve the optimal case result.
If you want to learn more about an attorney, schedule a consultation. This allows you to get insights into what a lawyer offers. Following a meeting, you should have a good idea about whether a lawyer can fulfill your legal requests.
Reach Out to a Wrongful Death Attorney
The Shelly Leeke Law Firm makes it easy to reach a wrongful death attorney. To get started, please contact us today.