Suffering the loss of a family member at the hands of another person is a tragedy that is hard to overcome. Aside from the incredible pain and grief, there is also the matter of dealing with financial loss that, in reality, cannot be ignored, and a Charleston personal injury lawyer can help.
Your Charleston wrongful death lawyer at Shelly Leeke Law Firm, with over 10 years of client advocacy experience, will help you navigate this complex legal process.
With our firm by your side, you do not need to approach the claims process alone. When you are ready to demand justice for your treasured loved one, we are here to help you make the liable party pay.
Your Rights in a Charleston Wrongful Death Claim
A wrongful death claim is filed on behalf of the surviving family to recover for their losses. A survival action is separate and focuses on the pain and suffering your loved one went through before they passed away. Both claims matter, and both are meant to give your family a path forward after an unthinkable loss.
Even if the person responsible for the death was never charged with a crime, your family can still bring a civil case. Criminal and civil cases are distinct procedures that each have their own goals and challenges.
Civil claims are about accountability and financial recovery, not punishment. You do not need a guilty verdict to pursue justice through a wrongful death lawsuit. If someone else’s actions caused your loss, you have every right to take legal action.
Your Charleston wrongful death lawyer will help you sort through which claim applies and how to move forward. Every case requires evidence, but you do not have to carry that weight on your own.
A Charleston wrongful death attorney from our team will guide you through the process, answer your questions, and help you make the decisions that feel right for you and your family.
Who Can Bring a Wrongful Death Claim in South Carolina
Only certain people qualify under the South Carolina Code of Laws § 15-51-20 to file a claim after a loved one passes away due to negligence, namely the decedent’s personal representative. You might be able to move forward if you are the spouse or adult child of the individual who lost their life and was named as the executor of the decedent’s estate.
If no one, a spouse, child, or parent was chosen, you may wonder who can file. When your family has questions, your Charleston wrongful death attorney can help clarify how it works and what your options might be. You should not feel discouraged just because there is no spouse or child to take on the claim.
Our team can help you determine who has the authority to take action via a civil claim against whoever ultimately caused your loved one’s death.
You can speak with a wrongful death lawyer in Charleston from Shelly Leeke Law Firm to learn more about who can bring a wrongful death claim if you are still unsure.
How Damages Are Calculated in Wrongful Death Cases
To ensure that the family of the deceased receives beneficial financial relief and to hold the negligent party accountable, our legal team requests the highest settlement sum. This is not just a figure, but a calculation dependent on the available evidence. That is why every settlement is vastly different.
One of the most important reasons to work with a wrongful death attorney in Charleston is that it will create an opportunity for you to file a comprehensive claim. If you are unsure of your losses, it can be costly. Let us help you calculate all potential losses.
The financial strain and mental distress brought on by losing a loved one can broadly impact the amount of money that you can recover. Let our firm discuss your case with you during a complimentary consultation. Several kinds of compensation exist in South Carolina wrongful death claims, including the following damages:
Lost Salary
Financial difficulties may occur for people who are reliant on the decedent’s income. After the death of a loved one, if certain comforts and necessities are no longer affordable, we will ask for compensation that restores your life to how it was before the loss of your loved one. This applies to those dependent on the person who has perished.
Distress and Suffering
Mental trauma or health issues may result from the deep grief that follows the loss of a loved one. This can also stem from a loss of enjoyment of life and a loss of consortium. While receiving compensation will not alleviate your pain, it may enable you to access services that support families as they grieve healthily.
Health Care Costs
The family might still be responsible for paying for any medical care given to the decedent before their death. Even burial expenses may be sought after or recovered. Many times, these costs can be extensive, depleting the estate if not paid out correctly.
Punitive Damages
Punitive damages may be available under unique conditions, which we can explain during a consultation. Typically, it only applies to egregious accidents where it is necessary to set a cautionary example for others to follow, to prevent similar irresponsibility, as per South Carolina Code of Laws § 15-32-510. If the death was due to an intentional act or sheer reckless behavior, it may apply in your case.
Filing a Wrongful Death Lawsuit in Charleston
If your loved one passed away as a result of the unlawful act or neglectful conduct of another person, you may be able to file a wrongful death lawsuit in South Carolina.
It is typically best to file the claim immediately so that your Charleston wrongful death attorney can thoroughly investigate and preserve all available evidence. Lawsuits alleging wrongful death may result from the following situations:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Work-related accidents
- Rideshare accidents
- Motorcycle accidents
- Construction accidents
- Defective products
- Violence or homicide
- Nursing home neglect and abuse
- Sports-related accidents
- Medical malpractice
- Slip and fall accidents
- Other premises liabilities
There are additional factors that can cause wrongful death that may not be specifically listed above. To find out if you have a claim, it is best to speak with a personal injury lawyer specializing in wrongful death cases. Our legal team has helped many people recover financial compensation after devastating losses like this.
The Statute of Limitations in Charleston Wrongful Death Claims
Your wrongful death lawsuit must be filed before the three-year statute of limitations passes. Under the South Carolina Code of Laws § 15-3-530, your claim will need to be filed within three years of the decedent’s death unless extenuating circumstances apply. The sooner you get started, the greater our chances of accessing the evidence we need to support your case.
If you wait, evidence could be erased or lost, and any witnesses to the incident may not clearly remember what happened. While three years may seem like plenty of time to take action, we need as much time as possible if you hope to build a powerful case against the at-fault party.
If your wrongful death lawsuit is not filed before the statute of limitations expires, you may be barred from having your case heard at trial.
Dividing Compensation Among Beneficiaries in South Carolina
The distribution of funds among wrongful death beneficiaries following a lawsuit is dictated by South Carolina’s statutes of intestate succession. The spouse would receive half the settlement, and the other half would be divided evenly among any children.
If the victim passed away without children, the entire compensation would go to the victim’s spouse. The wrongful death settlement payment would be split equally among the surviving parents if the victim did not have a spouse.
The complexity of wrongful death claims and how they can be used can often be overwhelming. However, when you meet with your wrongful death attorney in Charleston from Shelly Leeke Law Firm, we can provide you with clarity to support your recovery.
Every situation is different, but with our extensive experience, we know how to help our clients maximize their compensation.
Understanding the Survival Action Process
Survival actions are similar to wrongful death claims but slightly different. With a survivorship claim under South Carolina Code of Laws § 15-5-90, the decedent’s estate can be awarded compensation for the decedent’s damages and suffering between the time they became injured and the time they passed away. This allows the decedent’s estate to receive compensation for a variety of damages, including:
- Burial expenses
- Conscious pain and suffering
- Emotional distress
- Funeral expenses
- Loss of enjoyment of life
- Medical expenses and healthcare costs
- Property damages
Additionally, the decedent’s estate can receive punitive damages. However, punitive relief is only available if the at-fault party was grossly negligent or acted egregiously or intentionally. You can find out how much you could receive from your survival action when you consult with Shelly Leeke Law Firm.
Civil vs. Criminal Liability in Wrongful Death Claims
The individual or entity who caused your family member’s death may face criminal charges, depending on the circumstances. The district attorney will need to review the specific details of your case to determine whether criminal charges are appropriate. The at-fault party must have violated a state or federal law for the judicial system to intervene.
For instance, if your loved one was killed by a drunk driver, the driver who hit them may face drunk driving charges under the South Carolina Code of Laws § 56-5-2930 or even reckless vehicular homicide charges under the South Carolina Code of Laws § 56-5-2910.
However, if your family member suffered a fatal injury in a slip and fall caused by a property owner who failed to make a safety repair, criminal charges are unlikely to apply.
While a guilty verdict in criminal court could certainly help prove your case in civil court, if the defendant does not face criminal charges, it will have no bearing on the outcome of your civil wrongful death claim.
What to Expect in the Legal Process
Wrongful death claims involve more than one step, and it helps to know what to expect from the beginning. Most cases begin with an insurance claim, proceed to negotiations, and may ultimately lead to a trial if the opposing side refuses to settle fairly. We will be with you at every stage, answering your questions and making sure your family is not taken advantage of.
The Legal Burden of Proof in Charleston Wrongful Death Cases
The burden of proof in a wrongful death lawsuit is based on a preponderance of the evidence per South Carolina Code of Laws § 15-36-100. You do not need to prove the defendant’s guilt beyond a reasonable doubt as described by the South Carolina Code of Laws § 17-24-10. As long as the evidence is clear and convincing that the defendant is more than likely responsible, the jury can return a verdict in your favor.
Insurance Claims and Settlement Negotiations
Most wrongful death claims begin with an insurance claim against the person or business responsible. The insurance company will want documentation that shows what happened, why their policyholder is liable, and what your family has lost.
That might include accident reports, medical records, funeral costs, and other details that explain the full impact of your loved one’s passing.
Our team will handle those conversations on your behalf and push back if the offer is too low. Negotiating directly with an insurance company can be frustrating and stressful, especially while you are grieving.
We take that pressure off your plate. Our team will review every offer with you and help you decide when to settle and when it makes sense to keep going.
Litigation and Going to Trial
If the insurance company refuses to pay a fair amount, the next step may be to file a lawsuit in civil court. This involves preparing legal documents, sharing information with the opposing party, and potentially attending mediation or hearings. A trial does not occur in every case, but it is an option if the defense is unwilling to accept responsibility for what happened.
We prepare every wrongful death case as if it could go to trial. That gives us leverage during negotiations and helps us protect your family’s interests from day one.
If your case does reach the courtroom, we will walk you through what to expect and handle every part of the process for you. You should not have to face any of this alone, and with our team, you will not have to.
When a Wrongful Death Claim Might Be Denied
Wrongful death claims are not always straightforward. Even when your loss feels undeniable, the insurance company may try to delay, deny, or reduce what your family deserves. Knowing what can cause a claim to be denied gives you a chance to avoid common mistakes before they happen.
Common Reasons Claims Are Denied
One of the most common reasons for denial is a lack of evidence. If there are no police reports, medical records, or witness statements to support your version of events, the insurance company may argue that the death was not the policyholder’s fault.
They may also dispute whether the death qualifies under South Carolina wrongful death laws, especially if the timeline is unclear or if multiple parties are involved. Another issue we often see is when paperwork is filed late or improperly.
If the claim is submitted after the statute of limitations has passed, your case may be automatically barred. Insurance companies also look closely at who is filing the claim.
If they believe the person filing is not legally eligible to do so, they may deny it without further review. This is why it matters who handles the paperwork and how the claim is built from the start.
How Our Team Works to Keep Your Claim on Track
When you work with our team, we ensure that your claim is submitted correctly and supported by solid documentation. We help collect reports, medical bills, photographs, and any other information that supports your case.
We will also review the timeline to confirm that you are well within the legal deadline and ensure that all forms are completed correctly. We manage every detail so you do not have to worry about technical issues derailing your case.
If a dispute arises, we step in and address it promptly. This may involve speaking with claims adjusters, coordinating with medical providers, or gathering additional evidence.
The sooner we can resolve an issue, the better your chances of keeping things moving forward. We understand the challenges this presents to families, and we are here to help make it easier wherever possible.
Charleston Wrongful Death FAQ
After everything your family has been through, navigating the wrongful death claims process can be overwhelming. Your family should not have to go through complex litigation to hold the liable party accountable. Unfortunately, far too many at-fault parties refuse to accept responsibility for their negligence or wrongful acts.
Fortunately, you do not have to figure it out on your own. Shelly Leeke Law Firm is here to ensure you understand how the state’s personal injury and wrongful death laws could impact your claim.
Review the detailed FAQ below, which addresses some of the most frequently asked questions regarding wrongful death claims in South Carolina.
Contact our Charleston wrongful death lawyer to schedule a free consultation if you have further questions that we do not cover here.
What Are My Legal Options?
There are several potential ways you can move forward with a wrongful death claim. Most injury victims will initiate a claim by contacting the insurance company, as liable parties often have insurance coverage in place to protect themselves from liability.
If those responsible do not have enough insurance or are uninsured, instead of beginning with an insurance claim, we may proceed directly to a wrongful death action in civil court.
Can I File a Wrongful Death Claim if My Child Dies?
It depends on the circumstances under which your child lost their life. If someone else’s negligence or wrongful act contributed to your child’s fatal injuries, you may have the right to file a wrongful death lawsuit.
However, if your child passed away from natural causes, a wrongful death lawsuit may not be an option in your case.
How Long Will It Take to Resolve My Wrongful Death Case?
Every case is different. Some wrongful death claims can be resolved in a matter of months if the family receives an insurance settlement or the liable party is willing to compensate the family fairly outside of court. However, if your wrongful death lawsuit needs to go to trial, it could be years before you receive the compensation your family is entitled to.
What Is the Average Wrongful Death Settlement in Charleston?
Unfortunately, there is no average wrongful death settlement amount. The information you find online is often skewed by the highest and lowest payouts, and does not take into account the complexity or specific circumstances of each individual case.
If you are hoping to find out how much your family could receive, the best way to do so is by reviewing the various economic and non-economic damages with your Charleston wrongful death lawyer.
Get Compassionate Legal Help From a Wrongful Death Lawyer in Charleston Today
Anyone who believes they may have a wrongful death claim is eligible for a free consultation at Shelly Leeke Law Firm. Contact us today, and you will be met with compassionate legal assistance from a wrongful death attorney in Charleston whenever you feel ready to pursue justice for your loved one.
Do not settle your case or allow your family member’s loss to go unresolved, especially when you know that someone else could have prevented this from occurring.
