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Losing a family member due to another person’s carelessness is as frustrating as it is devastating. In South Carolina, those impacted the most by the loss of their loved one have the right to seek financial compensation through the civil legal system, where the burden of proof is significantly less than for criminal charges. With the help of the legal team at Trey Harrell Auto Accident and Personal Injury Attorney, you can focus on healing while your experienced Charleston wrongful death lawyer builds a claim on your behalf.
What Types of Cases Does Our Charleston Wrongful Death Lawyer Handle?
Any incident that causes the loss of a life resulting from a wrongful or negligent act is a wrongful death. Any personal injury accident can potentially result in a wrongful death claim. The most common types of cases handled by a Charleston wrongful death attorney include:
- Auto accidents: These include collisions involving passenger vehicles, commercial trucks, motorcycles, bicyclists and pedestrians, where someone’s negligent driving resulted in an accident.
- Medical malpractice: Doctors, nurses, healthcare staff and medical facilities owe patients a duty of care. Failure to uphold a reasonable standard of care, leading to someone’s death, can make them liable for damages.
- Slip and fall accidents: According to the concept of premises liability, property owners are legally responsible for maintaining safe conditions for visitors. When someone loses their life in a fall because the owner failed to uphold their responsibility, the court may award damages to the deceased’s family.
- Workplace accidents: Accidents happen at work every day, especially in dangerous conditions like construction. When someone dies due to negligence on the job, a Charleston wrongful death lawyer can help the surviving family hold the at-fault party accountable.
- Product liability: Manufacturers are responsible for ensuring their products are safe for consumers. If they distribute a defective product, causing the death of a customer, they are legally liable.
Sometimes the incidents leading to wrongful death result from an intent to harm, such as assault or battery. In these cases, the defendant may face criminal charges. In this scenario, you may still file a civil claim against them.
Who Can Bring a Wrongful Death Lawsuit in South Carolina?
According to South Carolina law, only the executor or administrator of your loved one’s estate can file a wrongful death claim in civil court. Typically, the executor of an estate is a family member named in the deceased’s will. If they had no estate plan before their passing, the court could name an administrator. The administrator is responsible for pursuing the claim, but the court requires a fair distribution of any damages recovered.
Paying out settlements for a wrongful death claim
When the deceased person’s representative wins a settlement or award, the family members who can recover damages include the surviving spouse and children. In the absence of a spouse or child, the deceased person’s parents will receive damages. With no surviving parents, children or spouse, the heirs of the deceased’s estate will recover the damages.
What Damages Can You Recover From a Wrongful Death Claim?
The term “damages” refers to the compensatory losses the plaintiff sustained as a result of their loved one’s death. This includes all economic and non-economic losses. In rare cases, the court may award punitive damages.
Economic damages
One of the most valuable advantages of having a Charleston wrongful death attorney handle your claim is their experience identifying and valuing the economic and non-economic losses associated with most wrongful death cases. Economic losses specifically refer to how the death of your loved one impacted you and your family financially.
Examples include:
- The costs of funeral and burial expenses
- The future income the deceased would have provided your household had they survived
- The loss of inheritance belonging to surviving heirs
- The loss of benefits, such as health insurance and retirement funds, contributed by your loved one
- The cost of any medical expenses incurred before their death
In auto accident cases, the executor can also request the cost of repairing or replacing damaged property.
Non-economic damages
The non-economic damages associated with a wrongful death claim include how the accident and your losses impacted you psychologically. Recoverable non-economic damages include:
- The physical pain and suffering your loved one endured before death
- The loss of companionship, comfort, nurturing and guidance the deceased provided
- The loss of consortium, which the court may award to a surviving spouse
- The emotional distress and mental anguish associated with your loss
Valuing these damages is more complex than calculating economic losses. An experienced attorney will use their knowledge of legal precedent and access to valuable experts, such as mental health specialists, to help prove these losses and assign a monetary value to your pain and suffering.
Punitive damages
The court may award punitive damages in cases involving gross negligence or malicious intention. The purpose of punitive damages is to punish the defendant for their actions. For example, suppose you lost a loved one in a car accident caused by someone driving under the influence of drugs or alcohol and speeding. That situation may warrant an order for punitive damages because the defendant displayed a complete disregard for the safety of others. These damages are often substantially more than the value of compensatory losses.
The Emotional Journey After Losing a Loved One
Grief affects every family differently when a wrongful death tragedy strikes in Charleston. Some families find comfort in talking with friends and neighbors. Others prefer quiet time to process their emotions. The legal process adds another layer of complexity during this difficult period. Many families worry about making important decisions while dealing with intense emotions.
Your feelings may change from day to day. One morning you might feel angry about the circumstances. The next day brings overwhelming sadness. These reactions are completely normal. The legal system recognizes that families need time to heal while also protecting their rights to seek justice.
How Charleston’s Legal Environment Affects Your Case
South Carolina courts handle wrongful death cases with careful attention to detail. Charleston County has experienced judges who have seen many similar cases over the years. This local knowledge can benefit your family’s claim. The courts here follow established procedures that help move cases forward efficiently.
Local juries in Charleston tend to be fair and compassionate toward families who have suffered losses. They often include people from various backgrounds who can relate to the pain of losing someone important. This community connection can make a significant difference in how your case is received.
The filing deadlines in South Carolina are strict. Missing these deadlines can eliminate your right to seek compensation entirely. Charleston courts do not typically grant extensions for these time limits. Acting quickly protects your legal options while giving your attorney more time to build a strong case.
Evidence Collection in Charleston Wrongful Death Cases
Building a successful wrongful death claim requires a thorough investigation. Police reports from the Charleston Police Department or Charleston County Sheriff’s Office provide crucial starting information. These reports contain witness statements, officer observations, and initial findings about what happened.
Medical records from local hospitals offer detailed information about your loved one’s final moments. These records help establish the connection between the negligent act and the death. They also document any pain and suffering your loved one experienced.
Physical evidence from the scene becomes extremely important. Photographs of accident locations, damaged vehicles, or dangerous property conditions help tell the story of what occurred. Weather conditions, lighting, and road surfaces all factor into building your case.
The Investigation Process in Charleston Cases
Professional investigators work with Charleston wrongful death attorneys to gather evidence that might not be obvious at first. They interview witnesses who may have left the scene before police arrived. Security cameras from nearby businesses often capture important footage of accidents or incidents.
Expert witnesses play a vital role in explaining complex details to juries. Accident reconstruction specialists can recreate how vehicle collisions occurred. Medical experts explain how injuries led to death. Economic experts calculate the financial impact on your family’s future.
Your wrongful death lawyer coordinates all these moving parts while keeping you informed about progress. They handle the technical aspects so you can focus on taking care of your family during this challenging time.
Common Challenges Families Face During Legal Proceedings
Insurance companies often contact families immediately after accidents occur. They may seem helpful at first, but their primary goal is to protect their financial interests. Early settlement offers are typically much lower than what your case is actually worth. Having legal representation prevents you from accepting inadequate compensation.
Some families worry about the time and stress involved in pursuing legal action. They fear that litigation will prevent them from moving forward with their lives. However, most wrongful death cases settle out of court without requiring a trial. Your wrongful death attorney handles negotiations while you focus on healing.
Financial pressures can mount quickly after losing a family member who provided income. Bills continue arriving while your household income may have decreased significantly. Legal action takes time, but your attorney may be able to help you access resources to manage immediate financial needs.
The Role of Insurance Companies in Charleston Cases
Multiple insurance policies may apply to your wrongful death case. Auto insurance, homeowner’s insurance, and business liability coverage all have different rules and limitations. Each insurance company will investigate the claim independently and may reach different conclusions about responsibility.
Key factors insurance companies examine include:
- The policy limits available to pay claims
- Whether the insured person was actually responsible for the death
- The strength of evidence supporting your family’s claim
- The potential cost of taking the case to trial
- The likelihood of winning if the case goes to court
Insurance adjusters are trained negotiators who work to minimize payouts. They may use various tactics to reduce the value of your claim. Having an experienced wrongful death lawyer levels the playing field and ensures your rights are protected throughout the process.
How Local Charleston Resources Can Help
Charleston offers several resources to help families cope with sudden loss. Grief counseling services are available through local hospitals and community organizations. These services can provide emotional support while you navigate the legal process.
Local support groups connect you with other families who have experienced similar losses. Sharing experiences with people who truly understand your situation can be comforting. Many families find strength in these connections during difficult times.
Important community resources include:
- Crisis counseling through Charleston County health services
- Religious organizations that offer grief support programs
- Victim advocacy groups that help with practical needs
- Financial counseling services for managing money during transitions
- Child counseling specialists for younger family members
Why Hire Our Charleston Wrongful Death Lawyer?
Hiring our Charleston law firm comes with many advantages for your wrongful death claim. While every case has unique circumstances, there are some aspects your attorney can handle for every claim:
- Representing the client in conversations and negotiations with the insurance company and the defendant’s team
- Investigating the incident to find evidence of negligence or malicious intent
- Identifying and valuing all recoverable losses from the incident and the loved one’s death to ensure a fair settlement or award
- Ensuring the protection of your right to compensation
- Acting as a compassionate source of legal information and objective professionalism
Working with an experienced personal injury attorney in Charleston moves the heaviest burdens of the legal process from you to your legal representative and gives you an advantage when arguing your case.
FAQs About Wrongful Death Cases
What is the difference between a wrongful death claim and a survival action?
Surviving families bring a wrongful death claim to seek compensation for their losses, including emotional and financial damages. A survival action seeks damages incurred by the deceased during the time between the negligent act and their death.
How long does a wrongful death case take?
Every case is unique. Some may end quickly in a settlement, lasting only a few months. However, a more complex case could take several years to conclude. A Charleston wrongful death attorney can help you better understand how the details of your case may impact the process.
Is there a cap on wrongful death in South Carolina?
Only wrongful death cases involving medical malpractice have a cap on the compensatory damages you can receive. It is $350,000 against one medical provider and $1.05 million in total if the cause involves multiple defendants. Additionally, punitive damages cannot amount to more than $500,000, or three times the value of compensatory damages.
How do insurance companies defend against wrongful death actions?
Insurance companies may dispute the fact that their policyholder was negligent in the first place, either claiming that they were not negligent, or that their accident did not cause the death. They may also use other defenses, such as blaming the accident victim for what happened or saying that they assumed the risk.
How are wrongful death settlements divided out?
If the decedent did not have children, the surviving spouse would receive the entire settlement. If there were children, the spouse would receive half of the settlement, and the children would divide the other half. If there were children, but no spouse, the children would equally divide the settlement. If there was no spouse or children, then the parents would receive the entire settlement.
Do you pay taxes on a wrongful death settlement?
The IRS only taxes money that they consider to be a source of income. They do not believe that wrongful death settlements are considered as income, even though they may partially cover lost wages that the deceased person may have earned over the course of their lifetime. You do not need to pay South Carolina taxes either.
Contact a Charleston Wrongful Death Lawyer Now
There is no time too soon to seek legal advice after losing a loved one due to someone else’s negligence or malicious intention. Attorney Trey Harrell and his team understand how important it is for families to get the justice they deserve and recover compensation for their financial and emotional losses.
Contact our office at Trey Harrell Auto Accident and Personal Injury Attorney to schedule your free consultation and speak to a compassionate Charleston wrongful death attorney today.
