Wrongful death cases are often extremely complex. These cases typically involve property law, civil law, and criminal law. If you have suffered injuries during an accident, our personal injury firm can help you with every aspect of a civil lawsuit.
For more information, contact our Moncks Corner personal injury lawyers.
Wrongful Death Lawsuits
Family members are the true victims in wrongful death cases. Individual family members may be responsible for paying burial and funeral expenses. Also, the pain and suffering caused by the death of the decedent can be unbearable.
A wrongful death lawyer in Moncks Corner can help surviving family members understand their legal rights. Typically, a party was negligent or reckless, and this conduct caused the death of the decedent. For example, many wrongful death cases arise from negligent conduct that arises at the workplace.
Proving Wrongful Death Claims in South Carolina
Wrongful death cases arise when an individual dies due to the legal fault of another person or legal entity. Automobile accidents that result in the death of an accident victim may give rise to a wrongful death claim. Also, medical malpractice that causes a patient to die will give the surviving family members the right to bring a wrongful death claim.
The plaintiff in a wrongful death case must establish that the defendant acted in a negligent manner or performed a reckless act with intent. The facts of every wrongful death case are unique, and no two wrongful death cases are identical. Therefore, retaining a wrongful death attorney in Moncks Corner can help you seek financial compensation for the loss of your loved one.
The Individual Who Can File Wrongful Death Claims
Every jurisdiction may permit specific parties to assert wrongful death claims. In South Carolina, the wrongful death claim must be filed by the executor of the decedent’s estate. In many cases, the executor of an estate will be named in the last will and testament of the decedent.
The settlement in a wrongful death case will be paid to the surviving family members of the decedent. The spouse and children of the decedent, the parents of the decedent, and other heirs of the decedent may recover wrongful death damages in South Carolina.
Establishing Liability in Wrongful Death Cases
Retaining a Moncks Corner wrongful death lawyer will help you establish the defendant’s civil liability. The plaintiff must prove that the decedent’s death was caused by the negligence of the defendant. The four elements of negligence are duty, breach, causation, and damages.
Documentary evidence such as traffic collision reports, medical records, witness statements, and financial records may be relevant to a wrongful death case. A Moncks Corner wrongful death attorney will help you understand every aspect of your wrongful death case. It can be intimidating to take on every part of a wrongful death case on your own.
The Type of Damages Survivors May Claim in Wrongful Death Cases
Wrongful death cases permit surviving family members to claim damages for the losses they suffered due to the loss of their loved one. The following are common examples of the damages claimed in wrongful death cases:
- Punitive damages
- Funeral expenses
- Pain and suffering
- Medical expenses
- Lost earnings
Damages are typically divided into two categories: economic damages and non-economic damages. Economic damages are generally quantifiable, whereas non-economic damages are more subjective and reflect the emotional and psychological pain endured by the surviving family members.
The Benefits of Retaining a Moncks Corner Wrongful Death Attorney
The benefits of retaining a Moncks Corner wrongful death attorney are innumerable. However, two of the most important reasons to retain legal representation are attorney-client privilege and attorney-client confidentiality. These two elements can strengthen your case and make it more likely that you will be able to obtain financial compensation for the loss of your family member.
The attorney-client privilege protects important information regarding your case. Attorney-client confidentiality protects all communication between you and your attorney. If you are being deposed, your attorney can invoke attorney-client privilege to make your case stronger.
Common Accidents Resulting in Wrongful Death
Some activities are more dangerous than others. Sometimes fatal accidents occur at the workplace. The following are some of the most common accidents resulting in wrongful death:
- Fatal automobile accidents
- Accidental poisoning
- Abuse or neglect
- Bicycle accidents
- Fatal workplace accidents
- Asbestos exposure
- Construction accidents
- Medical malpractice
- Wildfire victims
- Defective products
These accidents may cause the sudden death of the decedent. Sometimes a person may die in the hospital after receiving some medical treatment. Wrongful death cases permit the surviving family members to seek monetary compensation for their loss.
Understanding Your Legal Rights Regarding Wrongful Death Cases
Wrongful death cases may involve a criminal investigation into the cause of the decedent’s death. Also, property law plays an important role in the majority of wrongful death cases because the decedent’s estate must be administered. Also, civil law is an important component of all wrongful death cases.
Due to these factors, wrongful death cases are some of the most complex cases that arise in the American legal system. It is necessary for you to have a clear understanding of your legal rights when you participate in a wrongful death case. Speaking with a knowledgeable Moncks Corner wrongful death lawyer can provide you with the necessary information you need.
Alternative Dispute Resolution
Alternative dispute resolution is a tool that helps courts preserve their judicial resources. Mediation and arbitration are the two primary forms of alternative dispute resolution. However, settlement negotiation is also a form of alternative dispute resolution.
A Moncks Corner wrongful death attorney can help you with mediation and arbitration. These forms of alternative dispute resolution may be a part of your case. Understanding more about alternative dispute resolution will help you have a better grasp of your wrongful death case.
Contact the Shelly Leeke Law Firm Today to Schedule a Free Consultation
The wrongful death attorneys at the Shelly Leeke Law Firm can help you with every aspect of your wrongful death case. Our lawyers have years of experience representing clients in wrongful death cases. You and the decedent’s surviving family members can seek financial compensation for your loss.
Contact us today to schedule a free consultation with a Moncks Corner wrongful death lawyer. We can provide you with exceptional legal representation. Do not hesitate to reach out to us when you want to discuss the facts of your case.