Suffering the loss of a family member at the hands of another person is a tragedy 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. Our Charleston wrongful death lawyer at the Shelly Leeke Law Firm will help you navigate this legal process.
Understanding Wrongful Death Claim Rights in Charleston
When someone dies in an accident in South Carolina, there are two distinct legal claims that may be made. The first, a wrongful death claim, makes up for the loss suffered by the decedent’s beneficiaries and survivors. The second, a “survival action,” continues after the person has passed away in order to recover damages for the decedent’s injuries.
Any family that loses a family member like this needs insight, guidance, and support as they pursue financial recovery. Without a doubt, that means putting a lot of time into understanding your case and who is at fault. We work hard to address each of your needs and then fight for you.
As Charleston wrongful death lawyers, we have supported families whose loved ones have died in accidents. Our team of Charleston personal injury lawyers at the Shelly Leeke Law Firm understands how difficult it can be to lose a loved one as a result of someone else’s negligence. But we are here to help guide you through the claims process to obtain damages for your loved one’s wrongful death.
Pursuing Legal Action for Wrongful Death
An action for wrongful death is brought when a victim succumbs to the extent of their injuries and passes away. Whether death was brought on by deliberate or careless behavior, the surviving family nonetheless suffered emotionally and financially. A civil lawsuit can be brought to recover both economic and non-economic losses.
Wrongful death compensation can make the difference in creating a better future for the surviving family while also taking pressure off the estate. Not every death can be considered a wrongful death. Let our wrongful death lawyers in Charleston help you navigate this, including factors such as:
- Who is responsible for the injuries suffered
- What type of compensation may be owed
- How to cover medical bills from prior to death
- How to gain compensation for pain and suffering
- Steps to pursuing comprehensive financial support
Beneficiaries of Wrongful Death Settlements
Wrongful death claims can be brought by only those recognized as potential beneficiaries. The claim is made by the personal representative on behalf of the wrongful death victim’s beneficiaries. Only a few people are eligible to receive compensation under the South Carolina Code of Laws §15-51-20 for wrongful deaths:
- The surviving spouse and children
- The parents, in the absence of a surviving spouse or children
- In the absence of a surviving spouse, children, or parents, the decedent’s heirs
It is crucial to realize that children born outside of marriage have the same legal rights in a wrongful death lawsuit in South Carolina as children born in a marriage. A Charleston wrongful death lawyer can clarify the criteria of beneficiaries if additional concerns apply. If you are not sure you qualify, reach out for a free consultation to discuss the opportunities available to you.
Amounts Survivors Can Recover from 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 evidence available. That is why every settlement is vastly different.
One of the most important reasons to work with a wrongful death attorney in Charleston is because it will create an opportunity for you to file a comprehensive claim. If you do not know what your losses are, it can cost you. Let us help you calculate all potential losses.
The financial strain and mental distress brought on by losing a loved one largely impacts the amount of money that you can recover. Let Shelly Leeke Law Firm talk to you about your case during a free consultation. In a wrongful death case, compensation may be sought for 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, your attorney 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 deep grief and loss of a loved one. This can also stem from a loss of enjoyment of life and a loss of consortium. While receiving compensation won’t make your pain go away, it might enable you to access services that support families while they grieve in a healthy way.
Health Care Costs
The family might still be responsible for paying for any medical care given to the decedent before death. Even burial expenses may be sought after or recovered. Many times, these costs can be extensive, depleting the estate if not paid out properly.
Punitive Damages
This is given under unique conditions, which our attorneys may explain during a consultation. Typically, it only applies to egregious accidents where it is necessary to set a cautionary example for others to follow in order to prevent similar irresponsibility. If the death was due to an intentional act or sheer reckless behavior, it may apply in your case.
When to File a Wrongful Death Claim
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 best to file the claim immediately so that a wrongful death lawyer in Charleston can investigate and preserve evidence. Lawsuits alleging wrongful death may result from the following situations:
- Accidents involving vehicles
- Pedestrians
- Cyclist
- Trucks
- Motorcycles
- Hazardous workplaces
- Defective items
- Violence or homicide
- Accidents in nursing homes
- Medical malpractice
- Slip-and-fall occurrences
There are additional factors that can cause wrongful death. 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 losses after devastating losses like this.
Dividing Compensation for Wrongful Death Recipients in South Carolina
How funds are distributed among wrongful death beneficiaries following a lawsuit is governed by SC Code of Laws §15-51-40. It distributes each beneficiary’s portion in accordance with South Carolina’s statutes of intestate succession, which dictate how an estate would be divided in the event that a person passes away without leaving a will. This can become a confusing component of estate law, but we can offer guidance to help you apply these laws to your specific situation.
The spouse would receive half the settlement, and the other half would be divided evenly among the children. If the victim passed away without any 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 didn’t have a spouse.
The complexity of wrongful death claims and how they can be used can often be overwhelming. However, when you meet with our Charleston wrongful death attorney, 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.
Take Action Now to Get the Compensation You Are Owed
It is noteworthy that South Carolina only gives you three years to file a wrongful death lawsuit and seek damages. To align with moving forward, act quickly to protect your future and valuable rights. You deserve healing and restitution, and we can help.
Compassionate Legal Help for Families of Wrongful Death Victims
Anyone who believes they may have a wrongful death claim is eligible for a free consultation at The Shelly Leeke Law Firm. Contact us today, and you will be met with compassionate legal assistance from a Charleston wrongful death lawyer 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.