Losing a close family member or relative can turn your life upside down. If you recently discovered that your loved one was taken by someone else’s negligence or wrongful contact, you may have the right to make them pay.
The steps you must take to hold them accountable can be complex during a time when you should be grieving. Get the legal guidance and support you need when you need it most. Reach out to a dedicated Mt. Pleasant personal injury lawyer at Shelly Leeke Law Firm for a free consultation today and learn more about the steps you must take to get justice for your family member.
How Wrongful Deaths Happen in Mt. Pleasant
Wrongful deaths can include a wide array of accidents and events. It will be up to your wrongful death attorney in Mt. Pleasant, SC, at Shelly Leeke Law Firm to scrutinize the details of the incident to identify liable parties and gather compelling evidence to support your case.
Some of the top types of accidents and incidents known for causing fatalities include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Bicycle accidents
- Work accidents
- Construction accidents
- Slips, trips, and falls
- Swimming pool accidents
- Dog attacks and bites
- Factory and manufacturing accidents
- Medical malpractice
- Nursing home neglect and abuse
- Assault and homicide
- Bullying and harassment
- Injuries caused by product defects or malfunctions
These are just a few examples of ways fatal injuries can occur. You might have the legal right to take action against those responsible for causing your loved one’s death. Your wrongful death lawyer will consider the evidence and thoroughly investigate to determine what steps you must take to make the liable party pay.
What to Do to Demand Justice
If you hope to demand the liable party be held accountable to the fullest extent of the law, it is essential to be prepared to pursue every possible opportunity. Generally, these options will include filing insurance claims, pursuing civil lawsuits, or a combination of both.
Consider Filing an Insurance Claim
Depending on how your loved one passed away, you might have a chance to file an insurance claim. For example, if your family member was killed in a drunk driving accident, you could file a claim with the drunk driver’s auto insurance provider. If your family member was fatally injured in a slip and fall accident at a retail store, you could file a claim with the store’s general liability insurance provider.
However, it is essential to remember that insurance claims are rarely sufficient. They generally only cover specific economic damages and only up to the policyholder’s policy limits. If your insurance settlement does not cover your damages in full or compensate your family for non-economic losses, pursuing a wrongful death claim may be well-advised.
File a Wrongful Death Action
When you file a wrongful death claim, it does not matter whether the liable party intentionally caused your family member’s death or did so accidentally. It is their negligent, willful, or wrongful conduct that is responsible for your loved one’s death, and they should be held accountable accordingly.
In a civil lawsuit, your wrongful death lawyer in Mt. Pleasant, SC, will need to show that the defendant’s actions violated their duty of care and that this breach was the direct or indirect cause of the decedent’s death. In proving liability, your family could be compensated for your suffering and the decedent’s damages.
This differs from any criminal charges the at-fault party might face if the district attorney moves forward with a case against them. If convicted in criminal court, the defendant could face jail time, fines, and other harsh penalties.
Deadlines on Wrongful Death Claims in Mt. Pleasant
Your wrongful death attorney will ensure you understand and are prepared to handle the elements of your wrongful death claim. Here are some of the most important details you need to know:
According to S.C. Code § 15-3-530(6), the statute of limitations for wrongful death claims in South Carolina will expire three years from the date of the decedent’s death. Families who do not file wrongful death actions before this deadline will likely lose their right to hear their case at trial.
Only Certain Parties Can File a Wrongful Death Claim
South Carolina wrongful death laws allow only specific parties to take legal action after a fatality. In fact, only the executor or administrator of the decedent’s estate has the authority to file a wrongful death claim. However, any damages awarded will be paid to the decedent’s estate and surviving family members.
Recoverable Damages in Mt. Pleasant Wrongful Death Claims
The damages that can be awarded in a wrongful death lawsuit aim to compensate the decedent’s estate and surviving family members. Here are some of the damages that could be awarded:
Compensation for the Decedent’s Estate
The decedent’s estate can be awarded compensation for the decedent’s funeral and burial expenses. It will also be entitled to compensation for the decedent’s medical costs and other out-of-pocket economic damages the decedent accrued before their passing.
Compensation for the Decedent’s Surviving Family Members
The decedent’s surviving family members can recover both economic and non-economic damages, including:
- Loss of the decedent’s financial contributions
- Loss of the decedent’s household contributions
- Loss of the decedent’s love, guidance, support, and advice
- Loss of the decedent’s judgment, experience, and knowledge
The decedent’s surviving family members are also eligible for punitive damages if the Mt. Pleasant civil courts find the defendant’s conduct willful, malicious, intentional, or egregious.
Meet with a Mt. Pleasant Wrongful Death Lawyer for Help Today
When you are mourning the loss of your loved one, going through a challenging legal battle may be the furthest thing from your mind. However, you must take action against those responsible for causing her loved one’s death before it is too late.
Identify the liable parties and compel them to compensate your family for your damages. Get help holding them accountable when you contact an experienced Mt. Pleasant wrongful death attorney at Shelly Leeke Law Firm for a free, no-obligation in consultation today.
