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WHO CAN FILE A WRONG DEATH SUIT IN CHARLESTON, SC AND SUMMERVILLE, SC?

Posted by Jay McMillian | Sep 27, 2017 | 0 Comments

CHARLESTON, SC AND SUMMERVILLE, SC WRONGFUL DEATH AND ACCIDENTAL DEATH ATTORNEY

The loss of a family member or a loved one can be very difficult under any circumstances. However, nothing can compare emotionally to the unexpected loss of a loved one that is the result of an accident caused by the reckless and negligent actions of an at-fault third party. Beyond the obvious emotional devastation brought upon the family, the financial fallout can be just as serious and catastrophic. The family is suddenly thrust into an unforeseen circumstance that brings about funeral expenses, potential medical costs, and the loss of current and future income that sustained the family. 

A wrongful death suit in South Carolina cannot undo the tragedy and the heartbreak of an unexpected accidental death, wrongful death lawsuits can, at the least, provide the surviving family with financial compensation to offset the expenses and losses they must endure because of someone else's reckless actions.

The McMillian Law Firm is known for compassionate and effective legal representation. Call us now at (843) 900-1306 or use the online form to schedule your free no-obligation case evaluation today.

THE LEGAL BASIS FOR A WRONGFUL DEATH SUIT

The legal foundation for a wrongful death suit is the same as in any other personal injury claim - the death has been caused by the intentional, reckless, or negligent actions of another at fault third party. The obvious difference in the wrongful death suit is that the victim dies as a result of his / her injuries suffered as a result of the negligent act. 

In order to bring the wrongful death lawsuit, the events that caused the deceased to suffer the fatal injury must be such that, had the deceased survived, he or she could have brought a personal injury case against the responsible party.

WHAT FACTORS ARE CONSIDERED IN AWARDING DAMAGES IN A WRONGFUL DEATH SUIT

A wrongful death claim seeks to hold the at-fault third party accountable for the losses and expenses his or her behavior caused.

Plaintiffs who file wrongful death lawsuits can be awarded compensation for:

  • Burial and funeral expenses
  • Medical care provided to the deceased prior to death
  • The loss of decedent's current and future income
  • Pain and suffering caused to the deceased prior to death
  • Loss of companionship by the spouse and / or family of the deceased

If the at-fault third party caused the death of another as the result of intentional conduct or extremely reckless conduct, punitive damages may be awarded as a mechanism of punishing the wrong-doer.

WHO CAN BRING WRONGFUL DEATH SUITS IN SOUTH CAROLINA

In South Carolina, the personal representative or executor of the deceased party's probate estate has standing to file a wrongful death lawsuit. The personal representative / executor will file the lawsuit and pursue compensation on behalf of the deceased's estate, as well as the surviving family members. If the representative or executor named in the deceased's will is unable or unwilling to serve in this function, or if the deceased did not have a will at the time of his or her death, the probate court is able to appoint a personal representative / executor who can then file a wrongful death lawsuit on behalf of the deceased and any surviving family members.

THE MCMILLIAN LAW FIRM - CHARLESTON,SC AND SUMMERVILLE, SC WRONGFUL DEATH ATTORNEY

Contact me at The McMillian Law Firm. Let me be your advocate and friend in this trying time of dealing with the unexpected loss of a loved one due to the negligent acts of another. Contact me as soon as possible so that I may lay the foundation for your wrongful death suit and conduct a thorough investigation.  Immediately, I begin to obtain witness statements, police reports, and all relevant materials I need to build your case towards an acceptable settlement or trial. 

It is never too early to contact me! Each and every day that goes by is an opportunity lost to at least begin the process of healing and making the responsible at-fault party take heed of their actions. I am available for home visits, hospital visits, nights and weekends, just let me know what works for you. 

If you are the surviving victim of a wrongful death brought about by the negligence of an at-fault third party and live in Charleston, Mt. Pleasant, Summerville, James Island, West Ashley, Goose Creek, Moncks Corner, Walterboro, Folly Beach, or any of the other fine communities of the South Carolina Low Country, contact The McMillian Law Firm now!! 843-900-1306 or email at [email protected]

About the Author

Jay McMillian

Background I chose to build my law practice in the areas of Car Accident and Personal Injury because these areas of the law are the most accurate reflection of my values and my upbringing. Being the son of a breakfast hostess and a retired US Army Sargent turned construction worker, the values instilled upon me by my par...

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The McMillian Law Firm

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Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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