WRONGFUL DEATH ATTORNEY IN CHARLESTON, SC AND SUMMERVILLE, SC
The loss of a loved one can be hard on any family. What makes the loss of a loved one particularly difficult is if the loss is the result of a negligent, reckless, or intentional act of another. It is a series of events and the death of a loved one that could be entirely prevented but for the acts of another party.
South Carolina law allows for a wrongful death suit to be prosecuted where a person's death was caused by the wrongful act, neglect or fault of another. The wrongful death action can proceed as if the deceased person had survived. Generally speaking, the wrongful death component of the suit is part of a larger lawsuit that also alleges that the injuries that led to the death of the party occurred by the negligence of the offender under another theory of personal injury law.
Example: Person A is injured and subsequently dies from injuries sustained in an auto accident caused by Person B, who was intoxicated at the time. In the civil action for damages, the lawyer would make a Wrongful Death legal claim in addition to a Negligence claim (negligent operation of the automobile) as part of the lawsuit.
WHAT TYPES OF ACCIDENTS INVOLVE WRONGFUL DEATH CLAIMS
Though not specifically limited to specific cases, most wrongful death actions in South Carolina are rooted in one of the following underlying incidents:
- Car Accidents
- Tractor Trailer Accidents
- Boating Accidents
- Bicycle Accidents
- Medical Malpractice
- Workplace Accidents
- Nursing Home Abuse
WHO CAN FILE A WRONGFUL DEATH CLAIM IN SOUTH CAROLINA?
The controlling statute that sets the parameters of Wrongful Death laws are found in South Carolina Code of Laws Ann. Sec. 15-51-50. The statute defines wrongful death as a death caused by another individual's wrongful act, neglect, or default.
The following heirs / family members may recover compensation in a wrongful death case in South Carolina:
- Parents of the deceased when the deceased did not have any surviving spouse or children
- Heirs at law of the deceased, if the deceased is not survived by parents, spouse, or children
WHAT DAMAGES CAN BE RECOVERED IN A WRONGFUL DEATH CASE IN SOUTH CAROLINA?
You may be able to recover compensation for the following damages in a South Carolina wrongful death claim:
- Medical Costs of the deceased incurred as a result of injury and prior to death
- Funeral / Burial Costs, Final Expenses
- Lost Wages prior to injury and expected lost wages following death
- Pain and suffering, and mental anguish of the family
- Property damage
- Loss of companionship and consortium
- Loss of expertise and knowledge
A South Carolina wrongful death lawsuit can result following almost any type of fatal accident where a person failed to meet the standard of care under various tort law in the state.
As a Personal Injury lawyer in my solo practice, I will take all necessary steps to protect your rights and work to secure compensation for your family's loss following a wrongful death. Being a small firm allows you to have direct access to your lawyer during this entire process, with open lines of communication as we work together towards a viable solution to your specific case.
THE MCMILLIAN LAW FIRM - CHARLESTON, SC AND SUMMERVILLE, SC WRONGFUL DEATH ATTORNEY
Being an experienced personal injury attorney, I have experience dealing with insurance companies. I also know where the courthouse is and will not be afraid to call the insurance company to the mat in front of a judge and jury if necessary.
If you or a loved one has unfortunately lost a loved one in an accident in Charleston, Summerville, Mount Pleasant, James Island, West Ashley, Goose Creek, Moncks Corner, North Charleston, or any of the other fine communities of the Low Country, and need to meet with an experienced wrongful death lawyer, please contact me to set up your free case evaluation today. Let me help prevent you from being taken advantage of by the insurance company. I am serious and I am here for you! Contact The McMillian Law Firm @ 843-900-1306