Key Highlights:
- Immediate Action Required: The S.C. Code 15-3-530 statute of limitations strictly limits your window to file a claim to three years from the date of passing.
- Zero Out-of-Pocket Costs: Our firm operates on a pure contingency fee basis; your St. Andrews wrongful death lawyer cost is absolutely zero unless we secure a financial recovery for your family.
- Local Court Advantage: We handle all filings directly with the Richland County Probate Court and the Fifth Judicial Circuit Court of Common Pleas so you never have to step foot in a courthouse alone.
- Two Paths of Recovery: South Carolina law splits financial recovery into two distinct paths: wrongful death claims for the family’s loss, and survival actions for the deceased’s pre-death suffering.
- Fighting Unfair Blame: The South Carolina comparative negligence 51 percent rule can be used by defense attorneys to blame your loved one for the accident and deny your family a settlement. We aggressively intercept these tactics.
The loss of your family member is incredibly heartbreaking and may seem impossible to recover from at this moment. If a catastrophic collision on Broad River Road or a severe workplace accident in the Columbia metro area took your loved one away, Attorney Shelly Leeke St. Andrews is here to stand between your grieving family and aggressive insurance corporations.
Yet when someone else is responsible, you have the right to obtain fair compensation for the losses you have endured with the help of a St. Andrews personal injury lawyer. Finding a relentless St. Andrews wrongful death lawyer near me is the first step toward justice. At Shelly Leeke Law Firm, our St. Andrews wrongful death lawyer will work closely with you to ensure each one of your needs is met throughout this process.
Can You File a Wrongful Death Claim in St. Andrews, SC?
You may be able to file a wrongful death claim in South Carolina if a person dies as a result of the negligent, reckless, wrongful, or intentional act of another person. This means you must show that the person or business was responsible for keeping your family member safe, failed to do so, and that failure caused their death. However, it can be more complicated than this to prove that wrongful death occurred under the specific mandates of the S.C. Code 15-51-10 South Carolina wrongful death statute.
You may be able to file wrongful death claims if a person dies due to the negligence of another person or company, but to do that, we need to have evidence. The key to this process is ensuring that we know everything that occurred and that we can determine who is at fault.
Whether the tragedy happened at the notorious Malfunction Junction interchange or inside a local Columbia medical facility, we investigate all fatal incidents. You may be able to file a wrongful death claim in situations such as
Motor Vehicle and Transit |
Medical and Premises |
Commercial and Industrial |
| Car accidents | Medical malpractice | Work-related accidents |
| Truck accidents | Pharmacy errors | Defective or dangerous products |
| Pedestrian accidents | Assault and dangerous animals | Heavy machinery failures |
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina law, the executor of the estate may file a claim for compensation for what the individual suffered just before their death, including final medical costs as well as costs related to funeral and burial. Before any lawsuit can be filed, a judge at the Richland County Probate Court must officially appoint this personal representative.
Once appointed, the executor acts on behalf of the statutory beneficiaries. In addition to this, the compensation flows in a specific legal order:
- The deceased’s surviving spouse and children
- Surviving parents if there is no spouse or child
- The deceased’s other heirs if no others exist
These specific family members may also file a claim for the losses you have incurred. Allow our legal team to help you manage the losses you are facing without the stress of dealing with hostile insurance adjusters.
What Types of Damages Can Be Obtained in a St. Andrews Wrongful Death Claim?
Our wrongful death attorneys will provide you with guidance in the specifics of your situation, exhausting all legal strategies available to determine fault and negligence. Many times there is more than one party to blame for this loss, and we want to ensure we understand all of those risks.
South Carolina legally splits compensation into two distinct claims. A survival action covers the conscious pain your loved one endured before passing, while a wrongful death claim compensates the family for their permanent financial and emotional void.
Recoverable Economic and Non-Economic Losses
Some of the damages you may be able to file a claim for under state laws include:
- Funeral and burial costs.
- Expenses related to final illness or injury caused by the at-fault party.
- Loss of financial benefits and lost future earning capacity.
- Loss of the person’s care, companionship, and protection.
- Pain and suffering experienced by the family members surviving.
- Losses related to judgment, knowledge, and experience the party may have shared with you.
Extensive legal protections exist to help you recover damages, but we need to obtain all of the necessary evidence to prove your case. To do this, our wrongful death attorneys in St. Andrews will gather expert testimony, speak to witnesses, and gather data from multiple sources. We are committed to helping you to obtain the recovery of losses you are owed.
What Are Punitive Damages?
Another type of damage you may be able to claim beyond economic and non-economic losses is punitive damages, which are awarded in situations where a judge wants to make a statement about the recklessness or intentional behavior a person has engaged in that led to this death.
In South Carolina, recovering punitive damages requires ‘clear and convincing evidence’ that the defendant’s actions were willful, wanton, or in reckless disregard for human life, such as a commercial truck driver operating under the influence.
Our wrongful death lawyer in St. Andrews will help to develop evidence to showcase that evidence, if possible. Punitive damages are then awarded to the estate for disbursement.
Why Trust Us as Your St. Andrews Wrongful Death Lawyer?
There is nothing anyone can do to bring back your family member or ease the heartache that will continue for years to come. What we can do is be the trusted, dedicated attorney you need to overcome the challenges you are facing financially and work to hold people accountable for this loss.Â
We prepare every case for trial at the Fifth Judicial Circuit Richland County Court of Common Pleas, forcing insurance companies to negotiate fairly.
There are several key reasons why our wrongful death attorney in St. Andrews is your best choice:
- Our experience is extensive. We have helped many people through these difficult legal matters, minimizing their risk of being taken advantage of by insurance companies.
- We have proven results. We have helped clients recover millions of dollars in losses.
- If we do not win, you do not pay us. We are committed to providing our clients with the guidance and support they need, but we will not charge you anything for our legal services if we do not help you recover losses.
Our St. Andrews wrongful death attorney is trusted, experienced, and compassionate. We have a solid reputation within the local court system for being fair but aggressive lawyers who fight for their clients. We encourage you to reach out to us so we can help you resolve this very difficult situation without risk.
Be Sure We Are the Right Attorney for Your Case
One of the most important steps we can take is to provide you with exceptional legal service as you deal with this tragic situation. We want you to be sure you are working with an attorney you feel comfortable with, and the best way for you to know that is to meet with us for a free, no-obligation consultation. Your right to privacy is protected, but there is also no charge to you for this initial meeting to discuss your case, learn if you can file a lawsuit, and what your next steps should be.
Hire Our Aggressive Wrongful Death Lawyer in South Carolina for Help Now
When you have lost a loved one, you need an aggressive, experienced attorney to support you through the recovery of financial losses. The Shelly Leeke Law Firm can help you gather insight into your rights, the evidence you need, and the results that could define your future.
Do not let evidence disappear or deadlines expire. The S.C. Code 15-3-530 statute of limitations strictly mandates that claims be filed within three years. To get started, set up a free consultation with our St. Andrews wrongful death lawyer to learn more about your legal options. A Richland County fatal accident attorney from Shelly Leeke Law Firm St. Andrews is standing by to take your call today.
FAQs: Answers About St. Andrews Wrongful Death Claims!
Where will our lawsuit be filed if the fatal crash happened on Interstate 20 or I-26?
If your case requires litigation, our legal team will officially file the wrongful death lawsuit in the Fifth Judicial Circuit Richland County Court of Common Pleas, which handles major civil litigation for the St. Andrews and Columbia metro area.
Does a judge have to approve our family’s settlement?
Yes. Under South Carolina law, any wrongful death or survival action settlement must be formally approved by the court. We handle the necessary probate filings and court appearances to ensure the settlement is disbursed correctly under S.C. Code 15-51-40.
What if my spouse was killed by a commercial truck near Malfunction Junction?
Commercial trucking fatalities require immediate action. Our St. Andrews attorneys will swiftly send spoliation letters to the trucking company to preserve black box data, dashcam footage, and driver logs before the corporation can destroy the evidence.
Can we sue if a surgical error at a Columbia-area hospital caused my parent’s death?
Yes. Fatal medical errors require a highly specialized legal approach. We work with independent medical experts to prove that a local healthcare provider breached the standard of care, securing the maximum compensation allowable under South Carolina law.
What happens if a drunk driver caused a fatal collision on Broad River Road?
If an impaired driver caused the tragedy, we will thoroughly investigate where they were served alcohol before the crash. Under South Carolina dram shop liability laws, we can often hold local bars or restaurants financially accountable for overserving a visibly intoxicated patron.
