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. Representing victims throughout the state, our Greenville personal injury lawyer is here to help you and your family through this difficult time.
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 attorney in Greenville, with the 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.
How Shelly Leeke Law Firm Can Help You through this Difficult Time
Our Greenville wrongful death attorneys at Shelly Leeke Law Firm will not tell you to pursue a wrongful death case if you do not have any opportunity to win it. Therefore, if you suspect that your loved one died as a result of the mistakes and negligence of another, take action and contact us. When you speak to our team, you can expect the following:
- We listen to you. Our legal team wants to hear what happened to you. Tell us the details, and be sure to tell us why you believe it may be a wrongful death.
- We provide you with transparent insights. When you speak to us, we will ask you questions that you may not know the answers to just yet. Yet, by providing as much accurate information as possible, you give us the ability to investigate your case thoroughly to uncover what could have happened.
- Explore the potential consequences of not doing anything. Let us be clear that even if the other party is charged with a crime for the loss of your family member’s life, true justice is often only possible when you, the family, receive support. Often, peace of mind in knowing you did everything possible is critical.
A wrongful death lawyer in Greenville can also provide you with insight into the type of evidence we need to verify the death’s cause and who is to blame. You may learn more about the legal steps and defense strategies the at-fault party may utilize to limit your compensation. Then, you will know what our recommendations are.
When to Consult with an Empathetic 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 attorney 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 Attorney
Your Greenville wrongful death lawyer 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. 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 lawyer 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.
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.
- Emotional distress.
- Pain and suffering.
- 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.
You Need an Attorney 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. 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.
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.
How Much is a Wrongful Death Case Worth in Greenville?
There is no adequate value to put on the life of another person, but our attorneys will build a strong claim that is evidence-backed to support your losses. In Greenville, we see wrongful death claims for as little as $20,000 and as much as several million. The circumstances in your case play a role in how much the case is worth.
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 the entitled family members and heirs.
Many times, families do not want to pursue legal action because of the emotional pain and difficulty involved in the process, yet we encourage you to at least speak to us before you make that decision. We can help you determine what your rights are as well as what specific steps you should take to not only recover money in the accident but also to preserve your quality of life and meet your financial needs.
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. Call our firm today for a free consultation with a Greenville wrongful death lawyer, or fill out our contact form.
