Having a loved one suffer personal injuries during an accident is emotionally overwhelming. Losing a cherished relative due to the negligent conduct of another person can be unbearable. A compassionate Myrtle Beach wrongful death lawyer with Shelly Leeke Law Firm can help you hold the at-fault party accountable.
You need the legal support and guidance of a dedicated and experienced Myrtle Beach personal injury lawyer to help you get through these difficult times. Do not let the liable party get away with it. Contact our office to request a free consultation today and find out what steps your family will need to take to get justice for your loved one.
Defining Wrongful Death Lawsuits
It can be difficult for many individuals to think of a civil lawsuit during this time in their lives. It can take a long time to accept that someone close to us will never hold our hand or take a walk with us ever again. The devastating emotions people face at this time can make it extremely difficult for them to handle every part of a wrongful death case.
Many injured victims assert personal injury actions against the parties responsible for their injuries. However, wrongful death cases occur when surviving family members, such as a spouse or children, bring legal claims on behalf of the deceased. Oftentimes, wrongful death cases are extraordinarily complex and may involve criminal law, property law, civil law, and constitutional law.
You need a Myrtle Beach wrongful death attorney with Shelly Leeke Law Firm, who has extensive experience representing clients in wrongful death cases.
Having an objective professional guiding you through every stage of a wrongful death case is invaluable. You and your family members can benefit from retaining a wrongful death lawyer to represent your interests.
How Wrongful Death Actions in Myrtle Beach Are Unlike Criminal Cases
Wrongful death claims are quite different from the criminal charges the defendant may face for causing the death of your loved one. Wrongful death actions give you an opportunity to take control and fight to ensure justice is served. However, that does not necessarily mean the defendant will be charged criminally, either.
The Burden of Proof
When a defendant is charged criminally, the prosecutor must prove their guilt beyond a reasonable doubt to secure a guilty verdict. If there is any doubt regarding the defendant’s guilt, jurors must not convict. This is not how cases unfold in civil court and wrongful death lawsuits.
In wrongful death claims, the burden of proof is based on a preponderance of the evidence. This is legal talk which just means the evidence must convince the jury of the defendant’s responsibility in causing your loved one’s death. If the evidence presented suggests that the defendant is most likely at fault, the jury can find them liable for your family member’s fatal injuries.
Penalties of Guilt or Liability
When tried in criminal court, if a defendant is convicted, they face criminal sentencing. Depending on the cause of your loved one’s death, the defendant could be sentenced to jail or prison time, be required to pay fines, complete community service, and even pay restitution to your family. The consequences are much different in wrongful death court.
If a defendant is found liable in civil court, they can be ordered to compensate the decedent’s personal representatives and surviving family members. Some defendants may have insurance coverage or be willing to settle without a formal trial. However, those without sufficient insurance or willing to take their chances at trial could face a monetary judgment when found liable.
Common Types of Wrongful Death Accidents and Events
Sadly, fatal injuries can happen in nearly any type of accident or event. In some of the cases, the defendant had no intention of causing the accident or harming the decedent. In others, they engage in intentionally harmful or maliciousness specifically to cause catastrophic bodily injury or death.
In either case, the liable party should be brought to justice. If it was not for their actions, your cherished family member may not have passed away. Here are some of the most common types of incidents known for resulting in wrongful death:
Negligence-Based Accidents
Negligence-based accidents can include any type of accident that was caused by the recklessness or misconduct of another. In almost all of these cases, the liable party’s actions or lack of action contribute to the decedent’s death. Some examples could include:
- Drunk driving accidents
- Distracted driving accidents
- Car accidents
- Slip and fall accidents
- Construction accidents
- Work-related accidents
- Swimming pool drownings
- Commercial truck accidents
- Dog bites and animal attacks
Intentional Harm
Horrific acts of violence often result in fatal injuries. Violent acts can occur anywhere and at any time. The liable party may face assault, vehicular manslaughter, or even homicide charges depending on the specific circumstances of the case. They will also face the consequences of being found liable if your wrongful death action is successful.
Medical Malpractice
Medical malpractice and nursing home abuse occur with alarming frequency. Any healthcare provider can be held accountable when their negligence or misconduct results in severe bodily injury or death. You may even have grounds for legal action against the hospital or healthcare facility where your relative was receiving treatment.
Some examples of medical malpractice could include failure to diagnose or treat, surgical errors, anesthesia mistakes, medication errors, birth injuries, and more. Most healthcare providers are equipped with malpractice insurance coverage specifically designed to cover financial losses when a medical professional makes a mistake or error. Sadly, far too many insurance providers and negligent healthcare providers refuse to accept responsibility for their actions or financial obligations.
You may need to get your wrongful death lawyer in Myrtle Beach, SC involved as soon as possible. We can negotiate with insurers and are not intimidated by the defendant or their legal representative. Allow us to review the details of your loved one’s death and determine how you can make the at-fault party pay.
Damages in Wrongful Death Cases
Typically, the damages in wrongful death lawsuits are those suffered by the survivors. However, damages can be paid to both surviving family members and the decedent’s estate. The types of damages that surviving family members may be able to claim in wrongful death cases include the following:
- Loss of support, guidance, affection, and love
- Lost value of domestic services
- Lost earnings
- Lost future earnings that the decedent could have earned in the future
- Medical bills
- Burial and funeral expenses
The damages that can be claimed in a wrongful death case will depend on the facts and circumstances of the decedent’s death. All wrongful death cases are unique, and it is important to inform your wrongful death attorney in Myrtle Beach, SC of all the facts associated with the decedent’s death. This way, you can ensure every loss is accounted for when calculating the value of your claim.
Limitations Surrounding Wrongful Death Claims in Myrtle Beach
In the state of South Carolina, claims for wrongful death must be brought within three years of the date of the decedent’s death. It is important to file the wrongful death claim within the statute of limitations period. If you do not bring your claim within the three-year window, you risk losing your right to bring a wrongful death claim.
Also, the executor or administrator of the decedent’s estate must bring the wrongful death claim. Some exceptions may apply as to who may bring a wrongful death claim under certain circumstances. It may be possible for the surviving spouse or children to bring a wrongful death claim under South Carolina’s wrongful death laws.
Although exceptions apply in specific circumstances, you will have to adhere to the statute of limitations period. Speaking to a knowledgeable wrongful death lawyer can help you avoid running afoul of the statute of limitations. You can also find out whether you have the authority to pursue a wrongful death action on behalf of the decedent.
Connect with Myrtle Beach’s Highly-Regarded Wrongful Death Law Firm Today
Losing a treasured relative can feel as though the world is crashing down on you. It is crucial to remain calm and control what you can. Your family may be entitled to financial compensation through a wrongful death action.
Are you ready to find out who has the authority to file the claim? Are you ready to demand justice for your loved one’s death? Fill out our quick contact form or call an experienced Myrtle Beach wrongful death attorney at Shelly Leeke Law Firm to schedule your free consultation and get started on your claim as soon as today.