When a family member dies as a result of the negligence of another person, you can turn to a wrongful death lawyer in Beaufort for guidance. At Shelly Leeke Law Firm, we are compassionate and dedicated legal advocates.
Learn about the $6 million we’ve recovered for clients and what we might be able to seek for your family in this trying time. Expect our Beaufort personal injury lawyers to fight for your full and fair compensation in the wake of a tragedy. Contact us to get started.
You Need an Experienced Wrongful Death Attorney
The loss of a loved one is devastating. If a person dies due to the negligent actions of others, the surviving family members may be eligible to seek damages against the responsible party.
A compassionate Beaufort personal injury lawyer with Shelly Leeke Law Firm may be able to guide your family through these difficult times.
The decedent’s family can submit a wrongful death claim, potentially recovering damages to cover unexpected expenses. Financial compensation can never ease the burden of a lost loved one. However, retaining a highly experienced Beaufort wrongful death lawyer with our firm may bring closure by holding the responsible party accountable for the death of your loved one.
The intricacy of these cases requires the support of an experienced wrongful death attorney in Beaufort. Our team has gone up against large organizations and insurance companies to pursue full compensation for our clients. Let us fight for your immediate needs.
Who Can File a Wrongful Death Claim in Beaufort?
South Carolina law outlines very specific rules about who can bring a wrongful death case on behalf of someone who has passed away. If you lost a loved one due to negligence, your wrongful death lawyer in Beaufort from Shelly Leeke Law Firm helps you understand your rights under the law and files the claim on your behalf.
Statutory Eligibility and Legal Standing
In South Carolina, wrongful death claims are controlled by South Carolina Code § 15-51-10, which outlines who can bring a wrongful death claim on behalf of the deceased. Typically, the executor or administrator of the estate is the one who files, but the surviving spouse, children, or parents would be the beneficiaries of any resulting compensation.
Even if you are not the one filing the claim directly, you may still be entitled to a share of any compensation awarded through the wrongful death action. South Carolina courts look at family relationships and dependents to determine how the proceeds are divided.
Your Beaufort wrongful death attorney with Shelly Leeke Law Firm can explain how this might apply to your specific situation.
Timing and Procedural Steps
Wrongful death lawsuits in South Carolina generally must be filed within three years of the person’s passing. This deadline is outlined in South Carolina Code § 15-3-530(6) and applies whether the loss was due to a car accident, medical malpractice, or another negligent act. Missing this window can prevent your family from pursuing the claim in court.
Filing a claim begins with confirming the estate’s legal representative, collecting key documentation like the death certificate and medical records, and building a case around what caused your loved one’s death. From there, we can notify the responsible parties, begin negotiations, and prepare for trial if needed.
What You Can Recover in a Wrongful Death Lawsuit
Losing a loved one can affect every part of your life, from your income to your emotional well-being. A wrongful death claim allows you to pursue accountability and secure the support your family needs. Our firm is here to explain your rights and help you understand what kinds of damages you can demand in a wrongful death case.
Types of Recoverable Damages
South Carolina allows families to pursue several types of compensation after a wrongful death. Economic damages may include funeral costs, medical expenses, and lost income the deceased would have earned.
Non-economic damages may cover loss of companionship, emotional pain, and the mental toll this loss has placed on your family. The kinds of damages you can demand in a wrongful death case depend on the facts of your situation, including how the loss occurred and the long-term effects it will have on you and your household.
If the person you lost supported your family financially or emotionally, those contributions can factor into your compensation.
Medical Malpractice Caps and Special Limits
There is no general cap on wrongful death damages in South Carolina. However, cases involving medical malpractice do have limits.
Under South Carolina Code § 15-32-220, non-economic damages in medical malpractice cases are dictated by the South Carolina Revenue and Fiscal Affairs Office. As of December 2024, they are capped at $580,641 per provider and $1,741,383 when multiple providers are involved.
These limits apply only to pain and suffering and other non-economic losses. If your claim involves a negligent hospital, surgeon, or care provider, we will walk you through what these caps mean and how they may affect your case. Our team understands how to approach capped claims strategically so you can still pursue meaningful compensation.
How a Wrongful Death Claim Is Valued and Resolved
When you are grieving the loss of someone you love, it can feel impossible to think about legal steps. However, knowing what to expect in the wrongful death claim process can help you feel more confident and prepared.
Investigation, Filing, and Valuing the Claim
The first step in any wrongful death case is understanding what happened and gathering the documentation to support your claim. Our firm investigates every aspect of the situation, from medical records to accident reports to statements from experts and witnesses. This review is especially important when determining how a wrongful death settlement is calculated.
Once we gather the facts, we begin building the legal strategy. Filing a claim requires presenting a clear case to the insurance company or, in some cases, the court.
We calculate damages carefully based on both economic losses and the personal toll the death has had on your family. Our role is to protect your interests and avoid any rushed settlements that do not reflect the full impact of your loss.
Settlement Offers and the Trial Process
Sometimes the at-fault party’s insurer will make an early offer to try to resolve the case quickly. In many cases, that offer is far lower than what the family truly needs to recover and rebuild. We carefully review each offer with you to make sure it accounts for future needs and emotional harm.
When an offer undervalues your loss, we may recommend rejecting it and preparing for trial instead. If your case moves toward litigation, we begin gathering even more evidence and preparing for depositions, expert testimony, and court hearings.
Most cases still resolve before trial, but we are always ready to fight in court if that is what it takes to secure justice. Whether we settle or litigate, you can count on our team to stay focused on what matters most: honoring your loved one’s memory.
Our Experience With Wrongful Death Case Types
Wrongful death cases often involve severe and permanent harm, which is why families turn to a Beaufort catastrophic injury lawyer who understands how to pursue meaningful compensation.
Our firm has handled a wide range of fatal accident claims, and we know how to present the long-term impacts these losses have on your family.
We have represented families in wrongful death claims involving:
- Truck accidents
- Motorcycle crashes
- Pedestrian accidents
- Bicycle accidents
- Car accidents
- Slip and fall accidents
- Construction site injuries
- Boating accidents
- Workplace accidents
- Medical malpractice and nursing home neglect or abuse
- Swimming pool drownings
- Dangerous property conditions
- Defective consumer products
Wrongful death can happen anywhere, including on the road, in a hospital, or even at work. You deserve a legal team with real experience in handling complex cases like yours. When the stakes are high, we are here to fight for what your family needs and deserves.
Put Your Trust in Our Experience and Proven Results
The team at Shelly Leeke Law Firm is dedicated to delivering exceptional legal support to our clients. With our experience and dedication, we have helped numerous clients fight for and obtain the compensation they need. We are ready to help you with:
- Proven results: We have helped our clients recover millions of dollars in losses they need to recover from these circumstances.
- Exceptional legal support: We know the courts and have a solid reputation for providing dedicated, unwavering support and advocacy for our clients.
- Outstanding service to you: This is complicated, and you have so much at stake. You need a legal advocate who is compassionate and committed to you.
Through years of experience, we have dedicated our careers to supporting people who have lost their lives through the negligence of others. Expect our team to be there to guide you, fight for you, and get justice for your lost loved one. Your wrongful death attorney in Beaufort knows how to pursue full compensation for even the most challenging of wrongful death cases.
How a Wrongful Death Lawsuit in Beaufort Gets Decided
It can be weeks, months, or years before a wrongful death lawsuit goes to trial, which gives us plenty of time to prepare. In the time before your trial date, we will put together an argument designed to compel a judge or jury to rule in your favor. At the same time, the defendant and their attorney will build their case to contest your legal claim.
When your trial date arrives, we will have the opportunity to present evidence and witness testimony to a judge or jury. The plaintiff will do the same. Finally, a judge or jury weighs both sides of your case and renders its decision.
If a judge or jury determines the defendant is 100% responsible for the wrongful death and the damages you incurred, you will receive the full amount of your requested compensation. When this happens, the defendant is required to pay damages. As soon as the defendant does so, your case is closed, and you can continue to move forward from your loved one’s passing.
Do Not Let the Insurance Company Limit Your Future
You have already lost the life of a family member, and, being transparent, this is not only a devastating emotional loss, but it could also mean financial devastation if you relied on that person’s income. Insurance companies do not care about this, but instead want to do anything they can to reduce the compensation paid out.
Expect our wrongful death attorneys to fight for you by:
- Ensuring that the full evidence for any claims made is presented to the insurance company
- Negotiating with skill and experience to prove your losses, making them harder to refute
- Conducting all investigations to prove what really happened so that we can pursue compensation from all responsible parties
- Handling all questions and minimizing the risk of delays in the process
- Going to trial when there is a need to do so to help you get the compensation owed to you
As for-profit companies, their bottom line relies on reducing what they pay you, but we do not let that happen. We are committed to fighting for your rights. You can count on us to hold the insurer responsible for what occurred. Let us go to work for you today.
Do Not Wait Any Longer to Hire a Wrongful Death Lawyer in Beaufort
At Shelly Leeke Law Firm, we provide immediate access to a Beaufort wrongful death attorney who is dedicated to our clients’ success. We can meet with you, get details about your situation, and help you argue your case in court. Learn more about what is next and how we can work on your behalf to get financial justice for your loved one.
