If someone else is responsible for causing your loved one’s death, you may be ready to stand up and demand justice. While the criminal courts handle any violations of state or federal laws, you can focus on what matters – holding the liable party accountable.
A compassionate Walterboro wrongful death attorney at Shelly Leeke Law Firm is here to help your family make those responsible for your loved one’s death pay. Call our Walterboro personal injury lawyers today for a free consultation today to find out more about how the wrongful death claims process works and what to expect from your case.
Accidents and Events that Cause Wrongful Deaths
Your wrongful death lawyer in Walterboro, SC will need to carefully evaluate how your loved one passed away in order to build a case against the liable party. Unfortunately, there are virtually endless types of accidents, events, and incidents that have the potential to cause fatal injuries.
However, there are some seen more often in wrongful death cases than others. Some examples of the types of accidents and events that have been known to cause fatal injuries include:
- Motor vehicle accidents
- Commercial truck accidents
- Motorcycle accidents
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- Car accidents
- Dog bites
- Work accidents
- Construction accidents
- Manufacturing accidents
- Factory accidents
- Slip and falls
- Swimming pool accidents
- Other premises liabilities
- Fatal injuries caused by defective products
These are only a few examples of the types of events that have the potential to cause wrongful deaths. You can rely on your Walterboror wrongful death lawyer to go over all of the details of your case to figure out how the accident occurred. They will identify the at-fault party and gather powerful evidence needed to prove the defendant’s negligence or fault in your case.
When a Death Is Wrongful in Walterboro
It may not always be clear whether you have the right to pursue a wrongful death action. Understanding the state’s wrongful death laws can go a long way in helping you prepare for what is to come and explore your options further. Your wrongful death attorney in Walterboro, SC can help you understand your opportunities for justice.
Generally, wrongful death claims can be filed any time someone is accused of causing fatal injuries. Someone else must be responsible for causing your loved one’s death for your claim to be successful. It does not matter whether the defendant intended to cause fatal injuries or did so accidentally.
Wrongful death actions can be filed for intentional injuries, injuries caused by negligence, or injuries caused by a true accident. The main factor is showing that if it had not been for the defendant’s actions, your family member could be alive today. With this in mind, your wrongful death lawyer will evaluate the specific details of your case to determine whether you have met the grounds needed to pursue a wrongful death action.
Rules for Filing a Walterboro Wrongful Death Claims
There are specific rules in place that determine who has the right to file a wrongful death claim in Walterboro. Under SC Code §15-51-20, only the administrator or executor of the decedent’s estate has the authority to file a wrongful death claim. Generally, the decedent will have named an executor as part of their estate plans.
However, if the decedent did not name an administrator of their estate or the person who was named to handle the estate declines, the South Carolina Civil court system has the authority to appoint another party to act as the decedent’s administrator.
Despite the fact that an administrator of the decedent’s estate will be responsible for handling the wrongful death claim, damages paid out in these cases are only awarded to specific parties. According to South Carolina’s wrongful death laws, the decedent’s surviving children and spouse, parents, or heirs will be provided with the compensation awarded in a wrongful death claim.
Time Is Limited to Pursue a Wrongful Death Lawsuit
It is imperative to get started on your wrongful death claim before the statute of limitations expires. According to SC code §15-3-530(6), the statute of limitations for wrongful death actions in South Carolina is just three years from the date of the person’s death.
Unfortunately, those who do not get their wrongful death claims filed before this deadline may find themselves limited in their opportunities for financial relief, as the court system will refuse to hear the case. If you are ready to move forward with your case and want to avoid issues with the statute of limitations along the way, be sure to get a wrongful death attorney from Shelly Leeke Law Firm working on your claims as soon as possible after your loved one has passed away.
Types of Damages Paid Out in Walterboro Wrongful Death Actions
The surviving family members have the right to specific types of damages as part of the wrongful death claim. These damages can be both economic and non-economic in nature. Examples of the types of damages paid out in wrongful death actions include:
- Loss of the decedent’s financial support
- Funeral and burial expenses
- The deceased’s ambulance bills, hospital stay, and other related medical expenses
- The surviving family members’ loss of the family member’s companionship, protection, and care
- The surviving family members’ loss of the loved one’s guidance, knowledge, judgment, and experience
- The surviving family members’ physical and emotional pain and suffering
According to SC Code §15-51-40, exemplary damages, also known as punitive damages, can be paid out in wrongful death claims when the defendant’s conduct was reckless or intentional. These are designed to punish the defendant and prevent similar incidents from occurring in the future.
Consult a Wrongful Death Attorney in Walterboro Today
You have an opportunity to bring the liable party to justice after they caused your loved one’s death. By pursuing civil action, you can take justice into your own hands and recover the compensation your family needs to be able to put your family member to rest and begin rebuilding your life.
Call a dedicated Walterboro wrongful death attorney at Shelly Leeke Law Firm to get started. You can fill out our online contact form or call us to schedule your 100% free consultation as soon as today.
