Suffering the loss of a family member at the hands of another person is a tragedy that is hard to overcome. Aside from the incredible pain and grief, there is also the matter of dealing with financial loss that, in reality, cannot be ignored, and a Charleston personal injury lawyer can help. Our Charleston wrongful death lawyer at Shelly Leeke Law Firm, with 10+ years of client advocacy, will help you navigate this legal process.
With our firm by your side, you do not need to navigate the claims process alone. Your legal advocate can investigate, identify those responsible, and build the strongest case possible. When you are ready to demand justice for your treasured loved one, Shelly Leeke Law Firm is here to help you make the liable party pay.
Understanding Wrongful Death Claim Rights in Charleston
When someone dies in an accident in South Carolina, there are two distinct legal claims that may be made. The first, a wrongful death claim, makes up for the loss suffered by the decedent’s beneficiaries and survivors. The second, a “survival action,” continues after the person has passed away in order to recover damages for the decedent’s injuries.
Any family that loses a family member like this needs insight, guidance, and support as they pursue financial recovery. Without a doubt, that means putting a lot of time into understanding your case and who is at fault. We work hard to address each of your needs and then fight for you.
As your Charleston wrongful death team, we have supported families whose loved ones have died in accidents. Shelly Leeke Law Firm understands how difficult it can be to lose a loved one as a result of someone else’s negligence. But we are here to help guide you through the claims process to obtain damages for your loved one’s wrongful death.
Pursuing Legal Action for Wrongful Death
An action for wrongful death is brought when a victim succumbs to the extent of their injuries and passes away. Whether death was brought on by deliberate or careless behavior, the surviving family nonetheless suffered emotionally and financially. A civil lawsuit can be brought to recover both economic and non-economic losses.
Defining Wrongful Death
Wrongful death compensation can make the difference in creating a better future for the surviving family while also taking pressure off the estate. Not every death can be considered a wrongful death. Let your wrongful death lawyer in Charleston help you navigate this, including factors such as:
- Who is responsible for the injuries suffered.
- What type of compensation may be owed.
- How to cover medical bills from prior to death.
- How to gain compensation for pain and suffering.
- Steps to pursuing comprehensive financial support.
Beneficiaries of Wrongful Death Settlements
Wrongful death claims can be brought by only those recognized as potential beneficiaries. The claim is made by the personal representative on behalf of the wrongful death victim’s beneficiaries. Only a few people are eligible to receive compensation under the South Carolina Code of Laws §15-51-20 for wrongful deaths:
- The surviving spouse and children.
- The parents, in the absence of a surviving spouse or children.
- In the absence of a surviving spouse, children, or parents, the decedent’s heirs.
It is crucial to realize that children born outside of marriage have the same legal rights in a wrongful death lawsuit in South Carolina as children born in a marriage. A Charleston wrongful death attorney can clarify the criteria of beneficiaries if additional concerns apply. If you are not sure you qualify, reach out for a free consultation to discuss the opportunities available to you.
Amounts Survivors Can Recover from Wrongful Death Cases
To ensure that the family of the deceased receives beneficial financial relief and to hold the negligent party accountable, our legal team requests the highest settlement sum. This is not just a figure but a calculation dependent on the evidence available. That is why every settlement is vastly different.
One of the most important reasons to work with a wrongful death attorney in Charleston is because it will create an opportunity for you to file a comprehensive claim. If you do not know what your losses are, it can cost you. Let us help you calculate all potential losses.
The financial strain and mental distress brought on by losing a loved one can largely impact the amount of money that you can recover. Let Shelly Leeke Law Firm talk to you about your case during a free consultation. There are several kinds of compensation that exist in South Carolina wrongful death claims, including the following damages:
Lost Salary
Financial difficulties may occur for people who are reliant on the decedent’s income. After the death of a loved one, if certain comforts and necessities are no longer affordable, we will ask for compensation that restores your life to how it was before the loss of your loved one. This applies to those dependent on the person who has perished.
Distress and Suffering
Mental trauma or health issues may result from deep grief and loss of a loved one. This can also stem from a loss of enjoyment of life and a loss of consortium. While receiving compensation will not make your pain go away, it might enable you to access services that support families while they grieve in a healthy way.
Health Care Costs
The family might still be responsible for paying for any medical care given to the decedent before death. Even burial expenses may be sought after or recovered. Many times, these costs can be extensive, depleting the estate if not paid out properly.
Punitive Damages
This is given under unique conditions, which we may explain during a consultation. Typically, it only applies to egregious accidents where it is necessary to set a cautionary example for others to follow in order to prevent similar irresponsibility per South Carolina Code §15-32-530. If the death was due to an intentional act or sheer reckless behavior, it may apply in your case.
When to File a Wrongful Death Claim
If your loved one passed away as a result of the unlawful act or neglectful conduct of another person, you may be able to file a wrongful death lawsuit in South Carolina. It is typically best to file the claim immediately so that a wrongful death lawyer in Charleston can investigate and preserve evidence. Lawsuits alleging wrongful death may result from the following situations:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Motorcycle accidents
- Hazardous workplaces
- Defective products
- Violence or homicide
- Nursing home accidents
- Medical malpractice
- Slip and fall accidents
There are additional factors that can cause wrongful death. To find out if you have a claim, it is best to speak with a personal injury lawyer specializing in wrongful death cases. Our legal team has helped many people recover financial losses after devastating losses like this.
Dividing Compensation for Wrongful Death Recipients in South Carolina
How funds are distributed among wrongful death beneficiaries following a lawsuit is governed by SC Code of Laws §15-51-40. It distributes each beneficiary’s portion in accordance with South Carolina’s statutes of intestate succession, which dictate how an estate would be divided in the event that a person passes away without leaving a will. This can become a confusing component of estate law, but we can offer guidance to help you apply these laws to your specific situation.
The spouse would receive half the settlement, and the other half would be divided evenly among the children. If the victim passed away without any children, the entire compensation would go to the victim’s spouse. The wrongful death settlement payment would be split equally among the surviving parents if the victim didn’t have a spouse.
The complexity of wrongful death claims and how they can be used can often be overwhelming. However, when you meet with our Charleston wrongful death attorney, we can provide you with clarity to support your recovery. Every situation is different, but with our extensive experience, we know how to help our clients maximize their compensation.
Charleston Wrongful Death FAQ
After everything your family has been through, navigating the wrongful death claims process can be overwhelming. Your family should not have to go through complex litigation to hold the liable party accountable. Unfortunately, far too many at-fault parties refuse to accept responsibility for their negligence or wrongful acts.
Fortunately, you do not have to figure it out on your own. Your compassionate wrongful death attorney in Charleston with Shelly Leeke Law Firm is here to ensure you understand how the state’s personal injury and wrongful death laws could impact your claim. Review the detailed FAQ below, which discusses some of the most common questions surrounding wrongful death claims in South Carolina. Contact our office to schedule a free consultation if you have further questions we did not cover here.
What Is the Statute of Limitations in Charleston Wrongful Death Claims?
Your wrongful death lawsuit must be filed before the three-year statute of limitations passes. Under the South Carolina Code of Laws §15-3-530, your claim will need to be filed within three years of the decedent’s death unless extenuating circumstances apply. The sooner you get started, the greater our chances of accessing the evidence we need to support your case.
If you wait, this evidence could be erased or lost. While three years may seem like plenty of time to take action, we need as much time as possible if you hope to build a powerful case against the at-fault party. If your wrongful death lawsuit is not filed before the statute of limitations expires, you may be barred from having your case heard at trial.
How Do Survival Actions Work?
Survival actions are similar to wrongful death claims but slightly different. With a survivorship claim under S.C. Code §15-9-90, the decedent’s estate can be awarded compensation for the decedent’s damages and suffering between the time they became injured and the time they passed away. This allows the decedent’s estate to receive compensation for a variety of damages, including:
- Burial expenses
- Conscious pain and suffering
- Emotional distress
- Funeral expenses
- Loss of enjoyment of life
- Medical expenses and healthcare costs
- Property damages
Additionally, the decedent’s estate can receive punitive damages. However, punitive relief is only available if the at-fault party was grossly negligent or acted egregiously. You can find out how much you could receive from your survival action when you consult your Charleston catastrophic injury lawyer with Shelly Leeke Law Firm.
Will the Defendant Be Charged Criminally?
The individual or entity who caused your family member’s death may face criminal charges. The district attorney will need to review the specific details of your case to determine whether criminal charges are appropriate. The at-fault party must have violated a state or federal law for the judicial system to intervene.
For instance, if your loved one was killed by a drunk driver, the driver who hit them may face drunk driving charges under S.C. Code Ann. §56-5-2930 or even reckless vehicular homicide charges under South Carolina Code §56-5-2910. However, if your family member suffered a fatal injury in a slip and fall caused by a property owner who failed to make a safety repair, criminal charges may not apply. While a guilty verdict in criminal court could certainly help prove your case in civil court, if the defendant does not face criminal charges, it will have no bearing on the outcome of your wrongful death claim.
What Is the Burden of Proof in a Charleston Wrongful Death Lawsuit?
The burden of proof in a wrongful death lawsuit is based on a preponderance of the evidence per South Carolina Code §15-36-100. You do not need to prove the defendant’s guilt beyond a reasonable doubt as described by South Carolina Code §17-24-10. As long as the evidence is clear and convincing that the defendant is more than likely responsible, the jury can return a verdict in your favor.
What Are My Legal Options?
There are several potential ways you can move forward with a wrongful death claim. Most injury victims will begin by initiating a claim with the insurance company, as liable parties often have insurance coverage in place to protect them from liability. If those responsible do not have enough insurance or are uninsured, instead of beginning with an insurance claim, we may proceed directly to a wrongful death action in civil court.
Do I Have the Authority to File a Wrongful Death Lawsuit?
Per South Carolina Code §15-51-10, only certain parties have the authority to file a wrongful death claim. Unless you are the executor or administrator of the decedent’s estate, you will not have the right to move forward with a wrongful death lawsuit. The administrator or executor of the decedent’s estate will be responsible for initiating the claim, while any damages awarded will cover the decedent’s estate’s losses and compensate the decedent’s surviving spouse, children, parents, or beneficiaries.
Can I File a Wrongful Death Claim if My Child Dies?
It depends on the circumstances under which your child died. If someone else’s negligence or wrongful act contributed to your child’s fatal injuries, you may have the right to file a wrongful death lawsuit. However, if your child passed away from natural causes, a wrongful death lawsuit may not be an option in your case.
How Long Will It Take to Resolve My Wrongful Death Case?
Every case is different. Some wrongful death losses can be resolved in a matter of months if the family receives an insurance settlement or the liable party is willing to compensate the family fairly outside of court. However, if your wrongful death lawsuit needs to go to trial, it could be years before you receive the compensation your family is entitled to.
What Is the Average Wrongful Death Settlement in Charleston?
Unfortunately, there is no average wrongful death settlement. The information you find online is skewed by the highest and lowest payouts and does not take into account the complexity or circumstances of each individual case. If you are hoping to find out how much your family could receive, the best way to do so is by reviewing the various economic and non-economic damages with your Charleston wrongful death lawyer.
Compassionate Legal Help for Families of Wrongful Death Victims
Anyone who believes they may have a wrongful death claim is eligible for a free consultation at Shelly Leeke Law Firm. Contact us today, and you will be met with compassionate legal assistance from a wrongful death lawyer in Charleston whenever you feel ready to pursue justice for your loved one. Do not settle your case or allow your family member’s loss to go unresolved, especially when you know that someone else could have prevented this from occurring.
