Summerville Wrongful Death Lawyer

When a family member dies due to another person’s negligence or intentional actions, the emotional devastation feels overwhelming. Nothing can bring back your loved one, but South Carolina law provides a legal pathway for families to seek justice and financial compensation. At the Trey Harrell Law Office, LLC., we represent grieving families in Summerville and throughout the Charleston metropolitan area who need experienced legal counsel during their darkest hours.

Wrongful death cases require immediate attention and skilled legal representation. The legal system in South Carolina has specific requirements and deadlines that must be met to preserve your family’s right to compensation. Our Summerville wrongful death lawyers focus on helping families hold responsible parties accountable while securing the financial resources needed to move forward.

What Constitutes Wrongful Death in South Carolina

South Carolina Code Section 15-51-10 defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or entity. The death must result from conduct that would have entitled the deceased person to recover damages if they had survived the incident.

Common situations that lead to wrongful death claims include medical malpractice, car accidents, workplace incidents, defective products, and criminal acts. Each case presents unique legal challenges that require thorough investigation and expert testimony to establish liability.

The law requires proof that the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death. This legal framework applies whether the death resulted from a single moment of negligence or a pattern of reckless behavior over time.

Summerville families face particular challenges when dealing with wrongful deaths on busy roads like Highway 17A and Interstate 26. These high-traffic areas see frequent accidents that can result in fatal injuries. Industrial accidents at local manufacturing facilities and construction sites also contribute to wrongful death cases in our community.

Who Can File a Wrongful Death Lawsuit

In South Carolina, the legal right to bring a wrongful death claim begins with the deceased person’s spouse. If there is no surviving spouse or children, that right passes to the parents of the deceased.

In situations where no immediate family members are eligible, the estate’s personal representative has the authority to file the lawsuit on behalf of the estate.

State law excludes siblings, grandparents, and other extended relatives from pursuing wrongful death actions, even when they depended on the deceased for financial support. This limitation can leave close family members without legal recourse, despite the significant impact the loss may have had on their lives.

Types of Damages Available in Wrongful Death Cases

South Carolina wrongful death law allows recovery for both economic and non-economic damages.

Economic damages include the financial support the deceased would have provided to their family during their expected lifetime. This calculation considers the deceased person’s age, health, earning capacity, and life expectancy.

The following economic damages may be recovered in wrongful death cases:

• Lost wages and benefits the deceased would have earned
• Medical expenses incurred before death
• Funeral and burial costs
• Loss of household services the deceased provided
• Value of guidance and counsel to minor children

Non-economic damages compensate for the emotional and relational losses suffered by surviving family members. These damages recognize the pain and suffering caused by losing a loved one’s companionship, guidance, and emotional support.

The court will consider the deceased person’s relationship with their family members, their role in the household, and the emotional impact of their death. South Carolina does not place a cap on wrongful death damages, allowing juries to award compensation based on the specific facts of each case.

The Legal Process for Wrongful Death Claims

Filing a wrongful death lawsuit begins with gathering evidence to support your claim. This process involves collecting medical records, accident reports, witness statements, and expert opinions about the cause of death and liability.

Our Summerville wrongful death attorneys work with accident reconstruction experts, medical professionals, and economists to build a strong case. We investigate the circumstances surrounding your loved one’s death and identify all potentially responsible parties.

The discovery phase allows both sides to gather additional evidence and take depositions from witnesses. This process can take several months as we work to uncover all relevant facts and hold the responsible parties accountable.

Most wrongful death cases settle before trial, but we prepare every case as if it will go to court. This approach ensures we can negotiate from a position of strength and secure the best possible outcome for your family.

Statute of Limitations and Time Constraints

South Carolina has a 3-year statute of limitations that is very strict, and failing to file within this timeframe will result in the permanent loss of your right to seek compensation.

Some exceptions may extend or modify this deadline. If the death resulted from a criminal act and the perpetrator was not immediately identified, the statute of limitations may be extended. Medical malpractice cases have specific notice requirements that must be followed before filing suit.

The three-year deadline applies regardless of when you discover the cause of death or identify the responsible party. This makes it crucial to consult with a Summerville wrongful death lawyer as soon as possible after losing a loved one in suspicious circumstances.

Waiting too long to investigate can also result in the loss of important evidence. Witnesses may forget crucial details, physical evidence may be destroyed, and documents may be lost or altered over time.

Why Choose Trey Harrell for Your Wrongful Death Case

Our firm has deep roots in the Summerville community and extensive experience handling wrongful death cases throughout South Carolina. We know the local courts, judges, and legal procedures that will affect your case.

Trey Harrell takes a personal approach to every wrongful death case. We work directly with family members to ensure their voices are heard and their needs are met throughout the legal process. Our Summerville wrongful death lawyers handle all aspects of the case while keeping you informed at every step.

We have the resources to take on large corporations, insurance companies, and other well-funded defendants.

The following advantages set our firm apart from other wrongful death attorneys:

• Personalized attention from experienced attorneys
• No fees unless we recover compensation for your family
• Access to leading experts and investigators
• Proven track record in South Carolina courts

Special Considerations for Summerville Families

Summerville residents face unique challenges when dealing with wrongful death cases. The area’s mix of suburban neighborhoods, industrial facilities, and busy transportation corridors creates diverse accident scenarios that require focused legal knowledge.

Local hospitals and medical facilities may be involved in medical malpractice cases that result in wrongful death. Our Summerville wrongful death attorneys have experience working with healthcare providers in the greater Charleston area and know how to investigate potential medical negligence.

The tourism industry in the Charleston region can complicate wrongful death cases when out-of-state defendants are involved. Our firm has handled cases involving visitors and businesses from other states, ensuring that jurisdiction and service of process issues do not prevent families from seeking justice.

Manufacturing and logistics operations in the Summerville area may create workplace safety hazards that lead to fatal accidents. Our Summerville wrongful death lawyers work with occupational safety experts to identify violations and hold employers accountable for maintaining safe working conditions.

Contact Trey Harrell Today

If you have lost a loved one due to another person’s negligence, time is critical. The sooner you contact our office, the better we can protect your family’s rights and preserve important evidence.

Remember, Trey Helps! Contact our Summerville office today to schedule your consultation and learn how we can fight for justice on behalf of your loved one.