If your loved one has unexpectedly passed away due to another person’s negligence, violence, or misbehavior, you have come to the right place. A wrongful death lawsuit can allow you to seek compensation as you deal with the financial and emotional consequences of this tragic event. A compassionate Greenville wrongful death lawyer with Shelly Leeke Law Firm may be able to help you navigate this challenging situation with confidence and empathy.
A personal representative of the individual’s estate usually takes the responsibility of filing the claim. Still, it is not uncommon for close family members and loved ones to file lawsuits. Consult an experienced Greenville personal injury attorney at Shelly Leeke Law Firm for help demanding justice.
Situations that May Qualify as a Wrongful Death
Not all deaths move forward as viable wrongful death cases. This is because there are certain requirements that deaths must meet when brought forth by survivors. If you want to know if you have a wrongful death suit that meets all the requirements, consider scheduling a meeting with a legal advocate.
To be considered a wrongful death under South Carolina law, South Carolina Code §15-51-10, a person must have died as the result of the reckless behavior of another person or the intentional or negligent acts of another person. An individual, a group of individuals, or a commercial business can cause it. Understanding the details of wrongful death can be challenging, which is why we recommend having a skilled professional by your side.
Your wrongful death lawyer in Greenville with Shelly Leeke Law Firm, is experienced and trained in the state laws surrounding wrongful death suits. We will do all that we can to assist you with filing your claim and making this as stress-free as possible. Even if you are unsure if wrongful death occurred, we encourage you to reach out to us now to find out and learn if you have a case.
Wrongful Death Cases Our Firm Has Seen
Our firm has seen several different wrongful death cases. While each has its own circumstances, we tend to see a few common ones more than others. Here are the types of wrongful deaths that we have handled in recent cases:
- Car accidents
- Slip and falls and workplace accidents
- Medical mistakes
- Pedestrian hit and runs
- Defective products
- Drownings
- Burns
Car accidents are some of the most common types of wrongful death cases across America, including South Carolina. According to the South Carolina Department of Public Safety, there were 946 car fatalities in 2022. This number is alarming, but it is our unfortunate reality.
When to Consult with an Empathetic Wrongful Death Lawyer
On top of grieving, you may not understand your legal options after a loved one passes away from a wrongful death. Our legal team takes these cases seriously, and we believe in holding those who caused these traumatic events in people’s lives responsible for their actions. Therefore, we will guide you through the process step-by-step and ensure you fully understand what is happening.
In the end, our firm’s legal team will fight to ensure you receive the justice you deserve for the death of your loved one. If you think that your loved one’s death was because of another’s negligent behavior, you can file a wrongful death suit. However, South Carolina’s Code of Laws §15-3-530(6) states that you must file this type of claim three years from the date of the individual’s death.
You must not wait longer than three years, or your case could be denied for a hearing. Your wrongful death attorney in Greenville understands that you are going through a very tough period in your life, and you may need some time to grieve. However, please do not let time get away from you and risk your settlement.
The Benefits of Working with a Skilled Wrongful Death Attorney
Your wrongful death lawyer in Greenville focuses on helping spouses, children, and parents who have lost important loved ones due to other people’s wrongful actions. We can file a lawsuit on your behalf, get your evidence together, and fight for the compensation needed to assist you with your daily needs and to cover the bills accumulating since your loved one’s passing. Among the services we offer to our wrongful death clients include:
- Investigation into what occurred with the deceased person
- Thorough understanding of your losses to reach a fair wrongful death settlement
- Access to private records, data from responsible parties, and other evidence
- Negotiations with the insurance company
- Legal action in a court of law when the insurance company is not providing fair compensation
- Compassionate support through the most significant tragedy of your life
Your wrongful death lawyer in Greenville can help you understand what a wrongful death suit is and how to file one correctly. We can also provide legal advice on your best options going forward, whether that is a court hearing or settlement negotiations. Once we look at the facts of your case and determine that it will be successful, we may ask you what your expectations are and make sure that the desired results are ultimately achieved.
Hiring a Wrongful Death Law Firm Could Be Worthwhile
Are you wondering if hiring a wrongful death lawyer is a good investment? The answer is yes. We will do everything in our power to stand up for your rights and ensure that you receive the proper compensation you deserve.
Insurance companies like to offer lower amounts to people who do not have an experienced and knowledgeable legal professional by their side. We do not let you become a victim again. Instead, we fight to ensure you get the financial compensation you rightly deserve.
Recoverable Damages in Wrongful Death Claims
When a person is injured and does not survive because of another’s negligence or careless behavior, the surviving family members may choose to file a wrongful death lawsuit. This is common because the deceased person’s loved ones are suffering emotionally and financially and ultimately need help getting past this horrific period in their life. Examples of damages that may be awarded to the decedent’s surviving family members and estate include:
- The decedent’s medical bills
- Emotional pain and suffering
- Loss of consortium
- Loss of companionship
- The decedent’s funeral and burial costs
- Any contributions the deceased party would have made to the family
- Loss of potential inheritance
- Punitive damages
No amount of money can replace your loved one. But through our guidance, we can alleviate the financial pain you are experiencing if you were dependent on this person for your own well-being. By filing a lawsuit, we seek reimbursement for any costs you have already incurred and help you with certain expenses in the future.
The Value of Your Wrongful Death Claim
Ultimately, when a family member dies as a result of another person’s negligence, you may have the right to compensation because you have likely been injured both emotionally and financially. To determine what your case is worth, our legal team will work closely with you to calculate any costs you have had to bear as a result of the death, such as final medical care, but we also go further. We want to understand how your loved one’s loss of life is really going to impact your future.
The complexity of these losses demands consideration. For example, it is very common for people to work decades, contributing to a retirement account and building a pension. When they die suddenly at a young age, they are no longer contributing or earning on that investment.
That is a loss that will impact you, for example, if you were a spouse. Our legal team works to understand the gravity of your situation because many of these injuries result in profound financial loss. How will you continue to pay for the mortgage or rent, meet the other obligations you have, and maintain the quality of life that someone just stole from you?
Non-Economic Damages May Also Be Available in a Wrongful Death Settlement
Do not overlook the impact of emotional trauma and long-term mental anguish that comes from the loss of a loved one. This is made worse in situations where you had to watch your loved one die or the tragedy was particularly horrific. You may qualify for non-economic losses, which, despite not having a financial value, could significantly increase the value of your family’s wrongful death claim.
You Need a Wrongful Death Attorney in Greenville with Experience by Your Side
Choosing the right law firm for this monumental task that is so important to your future is critical and nothing you should do lightly. At Shelly Leeke Law Firm, we are committed to providing our clients with personalized help and compassionate support throughout this process. Even if you do not hire our team, we want to ensure you have an attorney by your side for several reasons.
Wrongful death cases are complex, with numerous requirements to prove liability in the death of your family member, and this is not easy to do by any means. Having an experienced legal team to help you means you have better reach – that includes better access to the legal professionals you need by your side to guide you throughout this process. We can help you get the hard data and evidence to prove your case and create a strong defense to support your claims to insurance companies.
You need a legal advocate because of all that is on the line and the fact that people will try to take advantage of you even if they seem to be supportive. Do not let that happen to you. Let our wrongful death team go to work defending and protecting you from what you are facing.
You Do Not Need to Worry About How You Will Pay for a Greenville Wrongful Death Attorney
You are facing devastating financial burdens from the loss of your loved one, and in many situations, our clients are consistently working to make ends meet after this occurs. That is why we offer you a no-fee promise. If we do not win your case for you – which means you do not obtain a settlement in the case – you owe our legal team nothing.
When you meet with our team, we will discuss this with you at length, reassuring you that you know exactly what to expect throughout this process. We will also discuss costs with you, including how we are paid when we win your case, so there are no surprises throughout this process. While you are dealing with this type of tragic situation, you deserve to have ample support without having to think about paying an attorney.
Even if you are unsure if you have a wrongful death case, there is no reason to wait to contact our legal team. Your initial consultation is free, regardless of whether you decide to work with us or not to proceed. We will never encourage you to pursue legal action if it is not in your best interest, either, which means you are fully protected in obtaining accurate advice you can rely on.
Do Not Wait Any Longer to Have Your Questions Answered
Now is the best time for you to take action to learn what your rights are in your case. Put your trust in a team that has years of experience helping clients facing the same types of struggles and a proven record of results. Let us help you protect your future.
Greenville Wrongful Death FAQ
Pursuing a wrongful death lawsuit can be intimidating. Your family may have many unanswered questions about how the claims process will unfold. To help you feel empowered as you navigate litigation, we have answered some of the most frequently asked questions regarding personal injury and wrongful death cases below.
What Is the Burden of Proof in a Wrongful Death Case?
In wrongful death cases, the burden of proof is based on a preponderance of the evidence. You might have thought the burden of proof was going to be beyond a reasonable doubt. However, this is only in criminal cases.
With wrongful death lawsuits, liability must be proven based on a preponderance of the evidence under South Carolina Code §15-36-100. This means that the evidence presented must be clear and convincing that the defendant is more than likely responsible for causing the accident. It does not mean we need to prove their liability beyond a reasonable doubt.
Will I Have to Go to Court?
You may or may not need to bring your wrongful death case to trial. In some instances, at-fault parties have insurance coverage designed to protect them in the case of a fatal injury. If the at-fault party has insurance coverage of this nature, certain types of damages could be covered by the insurance provider.
Unfortunately, it is not uncommon for these settlements to be lacking. Even with insurance coverage, the liable party may not have enough to pay for the total value of your family’s damages and suffering. When this happens, it is often necessary to move forward with a wrongful death lawsuit if you hope to maximize your payout.
Who Receives Compensation from the Wrongful Death Claim?
No matter who files the wrongful death lawsuit, any compensatory damages awarded will generally go towards the decedent’s surviving family members under S.C. Code §15-51-40. This could include spouses, children, siblings, parents, and individuals who were financially dependent on the deceased at the time of their death. Additionally, any heirs of the deceased named in their estate plans could also be entitled to compensation through the wrongful death settlement.
It should be noted that any damages awarded will first go to the decedent’s estate. These will cover the decedent’s funeral and burial expenses, medical bills, and any creditor debts. The remaining damages will be distributed among entitled family members and heirs.
Get in Touch with Greenville’s Prestigious Wrongful Death Law Firm Today
Have you recently lost a loved one and believe you have a wrongful death case? Shelly Leeke Law Firm will be glad to assist you through these hard times. We are compassionate, caring, and considerate of what you are going through.
We will do everything possible to ensure that the person or company responsible for this devastating event is held liable. Call our firm today for a free consultation, or fill out our contact form. After doing so, an individual from our office will reach out to you as quickly as possible to discuss the specific circumstances of your case.
