Key Highlights:
- Hiring a dedicated Moncks Corner wrongful death lawyer shields your grieving family from aggressive corporate insurance adjusters who try to minimize their financial exposure.
- Main corridors throughout Berkeley County, such as US Highway 52 and US Highway 17 Alternate, experience heavy commercial traffic that frequently leads to fatal collisions.
- Under the South Carolina comparative negligence 51 percent rule, your family is barred from receiving any financial recovery if your loved one is assigned 51 percent or more of the fault.
- Strict statutory deadlines apply to your claim, including a three-year limit from the date of death for standard lawsuits, and a much shorter two-year limit if a government entity is involved.
- Our legal team operates on a strict contingency fee agreement, meaning you pay zero attorney fees unless we win your case.
Wrongful death cases are often extremely complex. These cases typically involve property law, civil law, and sometimes criminal law. If you have suffered injuries during an accident that also claimed the life of your loved one, our personal injury firm can help you with every aspect of a civil lawsuit.
Family members are the true victims in wrongful death cases. The sudden loss of a provider creates massive financial instability. 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 from Shelly Leeke Law Firm 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 occurs at the workplace or along major Berkeley County commercial routes.
Berkeley County Traffic Fatalities and Trauma Volume
Because Moncks Corner is growing rapidly, local traffic congestion has introduced severe hazards for drivers and pedestrians. We frequently see fatal accidents at busy intersections along US Highway 52 where commercial trucks fail to stop in time.
The South Carolina Department of Public Safety closely monitors these traffic hazards. In a recent comprehensive reporting year, Berkeley County recorded devastating accident metrics:
Berkeley County Collision Metric |
Total Incidents |
People Affected |
| Total Traffic Collisions | 5,842 | N/A |
| Serious Injury Collisions | 76 | 98 Seriously Injured |
| Fatal Collisions | 41 | 45 Killed |
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 at a local hospital 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 dedicated Berkeley County wrongful death lawyer 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 as outlined under S.C. Code 15-51-10 South Carolina wrongful death statute. 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.
However, corporate defense teams will actively weaponize the South Carolina comparative negligence 51 percent rule to avoid paying your family. If the insurance company successfully argues your loved one was 51 percent or more at fault for the accident, your family recovers zero compensation.
To defeat this tactic, 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.
While standard car accidents carry no upper limits, South Carolina damages caps 2026 adjustments apply strictly to certain defendants. In medical malpractice wrongful death cases, non-economic damages are strictly capped at 596,001 dollars against a single provider. If a government entity caused the fatal accident, the South Carolina Tort Claims Act limits total recovery to 300,000 dollars per person.
The Benefits of Retaining a Moncks Corner Wrongful Death Attorney
The benefits of retaining a Moncks Corner wrongful death attorney are innumerable. Beyond handling aggressive insurance adjusters and conducting deep crash investigations, 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. More importantly, having a lawyer ensures you never accidentally admit fault to a hostile insurance investigator on a recorded line.
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 requiring a US Highway 52 fatal accident lawyer
- Accidental poisoning
- Nursing home abuse or neglect
- Bicycle accidents and pedestrian strikes
- Fatal workplace accidents at industrial sites
- Asbestos exposure
- Construction accidents
- Medical malpractice at local emergency rooms
- Wildfire victims
- Drowning incidents at Lake Moultrie or local marinas
- 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.
Under South Carolina law, your family has exactly three years from the date of death to file a formal civil lawsuit. If a city or state government vehicle caused the crash, the South Carolina Tort Claims Act shrinks that window down to just two years.
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 before time expires and civil litigation at the Berkeley County Courthouse becomes barred.
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.
In South Carolina, judges often mandate formal mediation before allowing a wrongful death lawsuit to proceed to a jury trial.
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, founded by Shelly M. Leeke, 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.
If you are searching for a highly qualified Moncks Corner wrongful death lawyer near me, call (843) 604-3273 or 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.
FAQs: Moncks Corner Wrongful Death Claims!
What is the average Moncks Corner wrongful death lawyer cost?
Under our strict contingency fee model, your family owes zero upfront costs. If we secure a financial recovery, litigation expenses and our attorney fee are deducted directly from the final settlement. If we do not win your case, you owe us nothing.
How do I obtain the official accident report for a fatal crash on US Highway 52?
If the Moncks Corner Police Department, Berkeley County Sheriff’s Office, or South Carolina Highway Patrol investigated a fatal collision, you can request the official report directly from their records divisions. Alternatively, our firm can retrieve the official DMV crash documentation for you.
Where will my Moncks Corner wrongful death lawsuit be filed?
Because Moncks Corner serves as the county seat, civil wrongful death lawsuits demanding monetary compensation against private citizens or corporations are filed formally at the Berkeley County Courthouse.
Who pays the immediate medical bills at the hospital before the wrongful death claim settles?
Typically, your loved one’s health insurance or auto medical payments coverage handles the immediate emergency room and hospital bills. Once we secure your final settlement from the responsible party, we will negotiate and resolve any outstanding medical liens so your family keeps the maximum amount of the payout.
What happens if a commercial delivery truck causes a fatal accident in Moncks Corner?
Fatal commercial vehicle claims involve complex federal regulations and massive corporate insurance policies. Our legal team will secure driver logbooks, vehicle maintenance records, and corporate data to hold the trucking company strictly accountable for the tragedy.
