Losing a loved one because of someone else’s careless or reckless actions is heartbreaking, and no family should have to face that kind of pain without support. A wrongful death lawyer in North Charleston can help you understand what comes next and what your rights are.
The North Charleston personal injury lawyers with Shelly Leeke Law Firm are active members of the South Carolina Bar Association, and we are committed to standing beside families through some of the hardest moments of their lives.
If you need answers or someone to take the legal burden off your shoulders, we can help you take that first step forward. We’ve been in business for over a decade and have the resources and experience you need to get financial justice for your loved one’s passing.
A Trusted North Charleston Wrongful Death Lawyer Can Help
When someone you love is taken too soon, it is natural to want answers. Whether the loss happened in a motor vehicle crash, a fall, or another avoidable situation, it can leave you feeling angry, confused, and overwhelmed by what to do next. You may already know that something was preventable, but proving it is another matter entirely.
In South Carolina, certain family members may have the legal right to bring a wrongful death claim. That includes pursuing compensation for medical bills, lost income, and the emotional toll this loss has taken on your life. Our team will walk you through the options, explain how the process works, and help you decide what step feels right for your family.
Your loved one’s death should not be ignored or dismissed by the system. With support from a compassionate and knowledgeable team, you can hold the at-fault party accountable and begin to rebuild your life. This is not something you have to figure out on your own, and we are here to help you find your way through it.
Common Incidents and Accidents Resulting in Wrongful Death
Fatal accidents can happen in many ways, and each one leaves behind a family trying to understand what went wrong. Whether the loss was caused by careless driving, unsafe conditions, or another type of preventable hazard, what matters most is that it could have been avoided.
Here are some of the frequent causes of wrongful death cases that we see:
- Fatal car accidents involving distracted, impaired, or reckless drivers
- Falls on dangerous or poorly maintained property
- Workplace incidents caused by unsafe equipment or a lack of training
- Medical negligence, including surgical errors or failure to diagnose
- Defective product accidents, such as faulty brakes or unsafe tools
- Criminal acts that result in preventable loss of life
- Pedestrian or bicycle collisions involving commercial vehicles
- Fatal truck accidents caused by driver fatigue or load issues
- Drownings or recreational accidents at private facilities
- Fires or explosions caused by poor maintenance or code violations
If your loved one was killed in a crash, a lawyer from our team can help you figure out what happened and who may be responsible. We know how hard it is to think about legal steps when you are grieving. You do not have to make every decision right away, but when you are ready, we will be here to guide you through it, answer your questions, and help you move forward.
An Experienced Wrongful Death Lawyer in North Charleston Makes the Difference
After a tragic loss, choosing the right legal support matters. You need someone who understands what your family is going through and knows how to guide you through each step with care and compassion. From building the case to handling insurance issues, we are here to support you as we pursue the answers and compensation you are entitled to.
How We Build a Strong Wrongful Death Claim
Under South Carolina Code § 15-51-10, certain family members have the right to file a wrongful death claim when a loved one is taken by someone else’s negligent or intentional actions. Your North Charleston wrongful death attorney will take the lead on building the case, preparing documentation, and speaking with the insurer so you can focus on your family and healing.
The Financial Impact of a Fatal Accident
The loss of a loved one can affect every part of your life, including your finances. In addition to medical bills and funeral costs, many families face lost income and future financial uncertainty. We work to document those losses carefully so they are reflected in your claim. Our goal is to help you move forward with stability, knowing that you have the financial support you need.
How Wrongful Death Claims Differ from Criminal Charges
If the person responsible for your loved one’s death is facing criminal charges, it can raise a lot of questions. You may wonder if you can still take legal action or if the outcome of the criminal case will affect your family’s ability to seek compensation. These are understandable concerns, and we are here to walk you through the differences between criminal and civil claims.
A criminal case is brought by the state and focuses on punishing the wrongdoer. A civil wrongful death claim is filed by the personal representative of your loved one’s estate and is meant to recover damages for the surviving family. In civil court, your wrongful death claim will be based on a preponderance of the evidence, which is a lower burden of proof than in criminal court.
That means even if the other party is not convicted of a crime, you can still file a lawsuit and potentially win compensation if you take a look at the South Carolina Wrongful Death Act. If the state does press criminal charges, it may delay access to certain evidence, but it will not stop us from preparing your case.
Potential Damages You Can Seek in a North Charleston Wrongful Death Claim
After a tragic loss, the financial impact can feel overwhelming. You may be dealing with unexpected bills, funeral costs, and a sudden change in income. You do not have to sort through these costs alone, and knowing what can be included in a claim helps you start to rebuild. Here are examples of damages you may be able to recover:
- Medical bills and emergency transportation
- Funeral, burial, or cremation expenses
- Medications and hospice care prior to death
- Loss of wages and financial support from the deceased
- Loss of benefits, including insurance or retirement
- Pain and suffering experienced by your loved one before passing
- Emotional pain and psychological trauma experienced by the surviving family
- Loss of companionship, care, and guidance for children
- Loss of consortium for a spouse or domestic partner
- Depression, anxiety, and other mental health conditions
- Cost of therapy or support services for grieving family members
- Loss of future inheritance or generational financial support
A North Charleston catastrophic injury lawyer from Shelly Leeke Law Firm can take the time to understand your family’s needs and work to recover full compensation. While building your case, we will also help you understand how the statute of limitations for wrongful death in South Carolina, as outlined in South Carolina Code § 15-3-530(6), applies to your timeline.
Insurance Companies Will Not Always Be Fair, But We Will Fight For You
Insurance companies may seem helpful at first, but their primary goal is to limit the amount they pay out. Even when liability seems clear, adjusters often try to reduce or delay your claim. Some families are offered far less than what they truly need, or are pressured into accepting a quick settlement that does not fully reflect their losses.
That is why it helps to have a wrongful death attorney in North Charleston who understands how these companies operate. We review all communications, submit the proper documentation, and push back when your claim is treated unfairly. Under South Carolina Code § 38-59-20, insurers have a legal duty to handle claims in good faith and fair dealing.
You should never feel like you have to settle for less because an insurance company is stalling or avoiding responsibility. We step in early to protect your claim, explain the value of your case, and ensure you are treated with respect. Your peace of mind matters, and we are here to help you move forward with confidence.
Who Can File a Wrongful Death Claim?
Filing a wrongful death claim can feel complicated, especially when you are still grieving. You may be unsure who has the legal right to file or how to get started if your loved one did not leave a will. We are here to walk you through each step and make sure your family’s interests are protected throughout the process.
Who the Law Allows to File and Why
In South Carolina, a wrongful death claim must be filed by the personal representative of the deceased person’s estate, as outlined in the official statute linked above. This is usually the executor named in the will or someone appointed by the court.
Although surviving family members such as spouses, children, or parents cannot file the claim directly, the lawsuit is brought for their benefit.
What Happens When No Executor is Named
If your loved one did not leave a will or did not name an executor, the court can appoint someone to handle the estate. Your North Charleston wrongful death lawyer can help determine who that person should be.
Under South Carolina Code § 15-5-90, that representative may also bring a survival action to recover damages the deceased person would have been entitled to if they had survived their injuries.
Filing a Wrongful Death Claim in North Charleston
Filing a wrongful death claim is never easy, especially when your focus is on your grief and your family. You should not have to figure everything out alone or worry about whether you are doing things the right way. Our legal team is here to guide you, step by step, and help you gather the information needed to build a strong and respectful case.
Proving Negligence After a Fatal Accident
Wrongful death claims in South Carolina must be built on clear evidence that someone else’s negligence caused the loss of your loved one. This means showing that:
- The other party owed your loved one a duty of care.
- They failed to meet that duty.
- This failure caused fatal harm as a result.
We help you collect the necessary documentation and testimony to support these points, ensuring your case meets the legal standards required to move forward.
Evidence That Strengthens Your Wrongful Death Case
To prove fault in a wrongful death claim, we often rely on records such as death certificates, autopsy reports, police investigations, and expert opinions. We may also use medical records, photographs, financial documents, and witness testimony to show the full extent of your loss.
Numerous Factors Make Proving Wrongful Death Challenging
Even if you believe you have a strong case, wrongful death claims are not always straightforward. There are often hidden complications, missed details, and pressure from the other side to settle quickly.
Having someone by your side who knows what to watch for can make all the difference. Here are a few common challenges families face when trying to prove wrongful death:
- Accepting a quick settlement without realizing the case qualifies as wrongful death
- Overlooking other liable parties, such as employers, manufacturers, or property owners
- Being pressured by insurance companies to settle for less than the claim is worth
- Struggling to estimate the full financial and emotional value of a loved one’s life
- Not knowing that they can reject an insurance offer and pursue additional legal options
We take the time to help you understand what your case is really worth and what steps to take next. Your situation deserves more than a quick answer and a number on a form. With the right support, you can pursue full compensation without having to second-guess your choices or feel rushed into a decision that does not serve your future.
Speak with a North Charleston Wrongful Death Attorney Today
Your wrongful death attorney in North Charleston from Shelly Leeke Law Firm is here to assist. We know how hard this moment is, and we are ready to stand beside you, protect your rights, and help you pursue justice for your family.
To get started, contact us today and speak with someone who will treat your story with the respect it deserves.
