When a close family member dies due to the negligence or recklessness of another person or company, hire a North Charleston wrongful death lawyer. Allow our North Charleston personal injury lawyer at Shelly Leeke Law Firm, an active member of the South Carolina Bar Association, to empower you to get answers and hold the responsible party accountable for this devastation. We are aggressive in protecting your rights.
A Trusted North Charleston Wrongful Death Lawyer
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. 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 have to bring relief and restitution for what your family has suffered.
Your loved one’s death should not go unnoticed by the law. With help from a dedicated and compassionate North Charleston wrongful death lawyer, you can demand justice. We can educate you about how wrongful death lawsuits and insurance claims work and how the at-fault party will pay for their wrongful acts. Call for a free consultation today and find out more.
Common Incidents and Accidents Resulting in Wrongful Death
Sadly, nearly any type of accident or event has the potential to cause fatal and catastrophic injuries. Fortunately, it does not matter whether the liable party intended to cause your loved one’s injuries or did so accidentally. Ultimately, if it was not for the actions or decisions of the defendant, your family member may still be alive today.
Our legal team at Shelly Leeke Law Firm has extensive experience handling nearly every type of wrongful death case. Many of these deaths are caused by gross negligence or misconduct.
An Experienced Wrongful Death Lawyer in North Charleston Makes the Difference
South Carolina Statute §15-51-10 gives a deceased person’s spouse and children the right to file a wrongful death lawsuit. The death must have resulted 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 account for the full scope of what you have suffered. You can include many expenses, such as medical bills and burial costs, and 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 by interviewing 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.
How Wrongful Death Claims Differ from Criminal Charges
You may have concerns about your ability to file your wrongful death action. This is particularly true if the liable party is also facing criminal charges. Defendants in wrongful death claims will not automatically be charged criminally.
When a defendant is charged with a criminal offense, it could have a significant impact on the outcome of your case. If the defendant is found guilty, this conviction in criminal court could be used as evidence to support your liability claim in civil court. However, if the defendant is found not guilty in criminal court, this will not impact your ability to move forward with your wrongful death lawsuit.
Your case may be delayed while law enforcement has the evidence your North Charleston wrongful death attorney needs to move forward with your fatal injury claim. However, that does not mean we cannot continue building a compelling case against the liable party. There are many differences between criminal cases and civil ones, including:
The Burden of Proof
In criminal court, the burden of proof is beyond a reasonable doubt. However, the burden of proof in civil court is different. Here, your attorney must prove liability based on a preponderance of the evidence, which is far easier.
Who Opens Up the Case
When charges are filed in criminal court, it is because the district attorney or state filed charges against the defendant, and the defendant must have violated state or federal laws to have criminal charges filed against them, at which point the case will then be tried by the prosecutor. Civil claims are different as it is up to the decedent’s personal representative to file a wrongful death claim. Your case will then be represented by a wrongful death attorney in North Charleston who presents evidence before the judge and jury.
The Penalties for Guilt vs. Liability
When a defendant is found guilty in criminal court, the penalties could be severe. It is not uncommon for those convicted of criminal charges to face jail or prison time, fines, probation, community service, sex offender registration, and other penalties. These consequences will remain on their criminal record and could affect their lives for years to come.
When a defendant is found liable in civil court, the consequences are different. Instead of facing prison or other criminal penalties, liable parties are compelled to compensate injured victims and surviving family members for their damages and suffering. They may also be ordered to pay punitive damages when their conduct was intentionally malicious or grossly negligent.
You may be anxious to make the at-fault party pay. Your wrongful death lawyer in North Charleston will carefully scrutinize the details of your case and prepare you accordingly. It is possible the liable party could face both criminal and civil court penalties if justice is served.
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 attorney can guide you in calculating a full list. It is our goal to exhaust all possible types of losses for you as that increases your maximum claim.
Refrain from assuming that the offer from an insurance company is truly enough to cover the losses you have. Instead, work with us so we can help you determine what all of those losses should be. Some of the damages you might recover in South Carolina include the following:
Economic Damages
Economic damages are losses that affect your life financially. They are easy to quantify due to readily available financial records, bank statements, and other documentation. Some of the most common economic damages include:
- 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
Economic damages are one of the most commonly understood because they tend to be the most obvious. Yet it is critical to consider all of the costs over the long term, including the various ways this death will impact your financial future for years to come. Our North Charleston wrongful death lawyer will help you do that.
Non-Economic Damages
Non-economic damages are a little more challenging to evaluate. They do not have a monetary value, but because they are so impactful, they need to be taken into consideration accordingly. Examples of some of the more common types of non-economic damages include:
- 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 so you can maximize your financial recovery. 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.
Understanding Emotional Damages in a Wrongful Death Claim
Filing a claim for emotional damages in a wrongful death case in North Charleston is not uncommon, but putting a value on these losses can easily be challenging for most people. Documenting emotional distress after such a loss may include considering factors such as your mental health and the onset of conditions like trauma and depression along with expressions of anger, lashing out at others, poor work performance, or suffering an emotional breakdown. The psychological impact of the loss of life like this differs for each person, which is why it is critical to have a skilled North Charleston wrongful death attorney to help you.
Insurance Companies Will Not Always Be Fair – But We Will Fight for You
While the insurance company may obviously owe you money in a case like this, that does not mean they will fairly pay you. For that reason, we strongly encourage you to meet with our legal team to discuss your case openly. Let us be sure that you are not settling the case for too little and putting your future and financial well-being on the line as a result of the insurance company’s unwillingness to support your needs.
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.
But what happens if your loved one dies 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 personal injury attorney will help you decide on the best person to represent the family’s interests throughout the process.
You may also be able 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 and 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
If you are hoping 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. Our investigation will uncover the valuable evidence needed to support your case. 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.
Your wrongful death lawyer in North Charleston must review the specific details of your case in depth. This way, we can ensure we have the evidence needed to prove that the elements of negligence have been met. If you are still unsure whether you have grounds for a wrongful death action, do not hesitate to discuss your concerns with your wrongful death attorney in North Charleston.
Common Types of Supporting Evidence
The burden of proof in personal injury lawsuits, including wrongful death claims, is based on a preponderance of the evidence. The evidence presented must be clear and convince the jury that the defendant is likely responsible for the accident your loved one was involved in or their fatal injuries. You can use multiple forms of evidence to show negligence and support your claims for damages, including:
- Death certificates
- Autopsy reports
- 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 a 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 under South Carolina Code §15-3-20. 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.
Overcoming the Challenges with Our Legal Guidance
When a loved one dies, you and your family may be grief-stricken, numb, and overwhelmed. Fortunately, you do not have to face this difficult 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.
Our team is prepared to establish liability, build a powerful case against the at-fault party, and demand justice for your deceased loved one. In doing so, your family could be awarded much-needed financial support that can help get you through these trying times. The liable party should be held accountable for their recklessness wherever possible.
The importance of this legal matter cannot be understood – you do not have a lot of time to build a strong case against those who hurt your family member. You also cannot trust the insurance company to be fair, open, and honest with you. For that reason, you need to hire a trusted and experienced attorney to remain by your side and review our case results to learn how we can help you.
Numerous Factors Make Proving Wrongful Death Challenging
Hiring a North Charleston wrongful death lawyer enables you to gain insight into a wide range of legal strategies that may afford you the help you need in recovering financial losses after such a tragedy. Trying to file on your own is limitedly effective for several reasons. In our experience, some of the most common mistakes made in such claims include the following:
- Not recognizing wrongful death occurred: Accepting a settlement from an insurance company or your family member’s employer after an accident is not enough. Fighting for wrongful death compensation is more extensive, and you may be owed far more than you realize.
- Not seeking support from all parties liable: It is quite common for more than one party to be responsible for wrongful death injuries, such as employers or manufacturers. Even if your case seems simple, there may be more that needs to be understood to ensure you are not letting those who hurt you off the hook.
- Insurance companies have a lot on the line: It is not uncommon for insurance companies to force victims and families to settle claims quickly and often with a signature on a contract that prevents you from seeking more damages. They have a lot to lose, including financially and reputationally. Do not let them make you a victim again.
- You may not be able to evaluate the value of your lost loved one’s life: One of the more complicated aspects of a wrongful death claim is putting a value on a life. Our wrongful death attorney in North Charleston will calculate the most accurate representation of this factor.
- You may not know you have options: Without the help of a skilled attorney, you may not know you can say no to the insurance company, file a lawsuit, and make them pay more than what they say they can. If you can prove your case is worth more, do not let them limit your future.
Our North Charleston wrongful death lawyer can offer a free, no-obligation consultation to discuss the potential value of your case. This wipes away all doubt if your case is worth more than the insurance company has to offer, and there is no risk or obligation to work with us if you decide not to do so. Contact us for a free consultation to discuss your case, and read our frequently asked questions to learn more.
Speak with a North Charleston Wrongful Death Attorney Today
We are here to answer your questions, provide you with expert guidance, and ensure you receive the justice and compensation you deserve. Contact Shelly Leeke Law Firm using our convenient online form to speak to a North Charleston wrongful death lawyer today. Or call our office to schedule your free, no-obligation consultation.
