When someone you love dies, it is natural to want answers. You may feel that someone is to blame for the death, and you want to seek justice on behalf of your family member. Whether from a car accident, a slip-and-fall, or deliberate actions, the wrongful death of a loved one brings pain, suffering, and financial debt.
As a close family member, you potentially have the right to seek damages from those responsible for the death. The Shelly Leeke Law Firm can connect you with a North Charleston personal injury lawyer who will evaluate your case for free. We will listen to your story and explain the options you could have to bring relief and restitution for what your family has suffered.
An Experienced Wrongful Death Lawyer Makes the Difference
South Carolina statute §15-51-10 through 60 gives a deceased person’s spouse and children the right to file a wrongful death lawsuit when the death results from the deliberate, reckless, or negligent actions of another. If the loved one is a victim of an accident, there can be many factors you must consider, and there may even be multiple parties to blame.
You also need to understand the full scope of what you have suffered. You can include many expenses, such as medical bills and burial costs. You can also ask for compensation for the pain, suffering, and anguish your family is experiencing. Knowing how to request and support these losses requires an experienced wrongful death attorney in North Charleston.
Our team is skilled in building your case efficiently and thoroughly. We interview witnesses and experts for supporting testimony. We also handle the paperwork and insurance company negotiations, giving you the space and time you need to grieve. Our legal professionals will compassionately work with you to ease the burden you face.
Potential Damages You Can Seek in a North Charleston Wrongful Death Claim
If your loved one was injured in a crash and experienced painful and expensive injuries, you can claim their medical bills. If they died suddenly, you can pursue burial and final expenses, as well as compensation for the trauma and loss of financial support your family will experience. These compensatory damages are usually classified as economic and non-economic.
You may not realize how many expenses can be counted as losses. Your North Charleston wrongful death lawyer can guide you in calculating a full list, which might include some of the following:
- Common economic damages:
- Medical bills
- Emergency bills, such as for an ambulance or helicopter
- Medications
- ICU, ER, and surgery bills
- Lost wages, both yours and the deceased’s
- Loss of financial support if the deceased was the family breadwinner
- Funeral, cremation, and burial expenses
- Loss of benefits, such as insurance or pension
- Common non-economic damages:
- Pain and suffering of the deceased before death
- Your pain and suffering
- Loss of companionship for children
- Loss of guidance and care for children
- Loss of consortium with your spouse/domestic partner
- Loss of inheritance
- Mood disorders such as anxiety or depression
- Psychological therapy for you and your children
You could file against more than one individual or an entity if the evidence supports it. While insurance often pays many bills, it rarely covers the non-economic losses your family suffers. Filing a wrongful death lawsuit is the best way to ensure every single expense is compensated.
Who Can File a Wrongful Death Claim
South Carolina law only allows lawsuits to be brought by the person serving as the executor or administrator of a deceased person’s estate. While family members such as spouses, children, or parents cannot personally file the claim, the lawsuit is meant to benefit them. If there are no surviving family members, then the suit will benefit anyone who is legally entitled to inherit from the estate of the deceased.
If your loved one died without a will or without naming an executor, you and your family can work with a Shelly Leeke wrongful death lawyer in North Charleston to handle the complexities of filing the suit. Your lawyer will help you decide on the best person to represent the family’s interests throughout the process.
You may also choose to file a survival action under South Carolina law §15-5-90. A survival action is a claim often made in addition to a wrongful death lawsuit. This can be used when a person suffers injuries from a car crash, for example, but dies soon after. As with wrongful death claims, the executor or administrator of the estate files a survival action on behalf of the deceased person themselves and can file even after the person dies.
Filing a Wrongful Death Claim in North Charleston
To successfully secure damages in a wrongful death claim, you must prove negligence on the part of whoever caused the death of your loved one. There are four elements that must be shown with conclusive evidence:
- The defendant had a duty of care to your loved one.
- The defendant breached or failed in that duty of care.
- Your loved one suffered injuries and death as a direct result of the defendant’s negligence.
- You and your loved one incurred expenses as a result of the injuries and death.
You can use multiple forms of evidence to show negligence and support your claims for damages. Examples include:
- Death certificate
- Autopsy report
- Police reports
- Reports from an independent accident investigator
- Medical records
- Photos and video from the accident scene
- Proof of a duty of care relationship, such as one between a doctor and patient
- Marriage certificates and birth certificates
- Financial records and receipts
- Expert and witness testimony
You will need to act quickly to file your lawsuit, as South Carolina only allows three years from the date of death to begin a claim or legal action. You will likely be overwhelmed with making arrangements and dealing with your grief. In stressful times like these, trust the Shelly Leeke Law Firm to ease your worries by handling the legal work for you.
Speak with a North Charleston Wrongful Death Attorney Today
When a loved one dies, you and your family are often grief-stricken, numb, and overwhelmed. Fortunately, you do not have to face this sad time alone. The dedicated team at Shelly Leeke Law Firm will connect you with a compassionate North Charleston wrongful death attorney who will listen to your story.
We are here to answer your questions, provide you with expert guidance, and ensure you receive the justice and compensation you deserve. Contact our team using our convenient online form and speak to a lawyer today.
