Your Mt. Pleasant wrongful death lawyer knows what you are fighting for and will do everything we can to pursue fair compensation after your devastating loss. At the Shelly Leeke Law Firm, count on our compassion and dedication. Expect our Mt. Pleasant personal injury lawyer to fight for your best possible outcome in a very difficult situation.
You Need a Mt. Pleasant Wrongful Death Lawyer to Protect Your Future
A family member can die due to someone else’s negligence in Mt. Pleasant, SC. In this situation, you may be eligible to sue the party responsible. To do so, partner with a Mt. Pleasant personal injury lawyer to review your legal options.
The Shelly Leeke Law Firm has a team in place that understands what it takes to file a personal injury claim. Our Mt. Pleasant wrongful death lawyer is available to discuss your case. Contact us today to get started.
We are happy to offer a free consultation to you to discuss your wrongful death case. There is no risk in reaching out to us and no obligation to move forward. We can provide you with insight into whether you have a case and what that could mean for your future.
Wrongful Death Definition
A wrongful death is defined in accordance with South Carolina Code §15-51-10. It refers to a loss of life caused by an act of negligence. Reasons why wrongful deaths can happen include:
A spouse, child, parent, or other blood relative of a decedent (deceased person) may be eligible to file a claim on the grounds of a wrongful death. In addition, a decedent’s heir may be able to submit a claim. A Mt. Pleasant wrongful death attorney can take a look at your case and determine your eligibility for requesting damages.
Damages You Can Recover in a Wrongful Death Lawsuit
The compensation awarded in a wrongful death lawsuit varies based on the claim. A judge or jury will consider many factors before it determines how much to award. Some of the reasons why compensation is provided in wrongful death lawsuits include:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
The Shelly Leeke Law Firm offers resources to those interested in pursuing a claim. Our wrongful death attorney in Mt. Pleasant can help you calculate your losses and determine if now is the right time to file a claim. For more information, reach out to us.
When to File a Wrongful Death Claim
In South Carolina, there is a three-year statute of limitations for wrongful death claims. This gives you up to three years from your loved one’s death to sue any at-fault parties. If you do not submit a claim within this period, you are 100% responsible for any losses.
To start your claim, you may request compensation through the at-fault party’s insurance company. For example, if a parent died in a car accident, you may ask for damages from the negligent motorist’s insurance provider. Even if you do, the car insurer may decline your claim or do whatever it can to avoid paying it.
If you are struggling with a claim, a wrongful death lawyer in Mt. Pleasant can help you out. They can handle communications with the insurance company on your behalf. If your attorney believes it is in your best interests to submit a personal injury lawsuit, they can help you file your claim before the statute of limitations for wrongful death in South Carolina lapses.
Who Is Responsible for a Wrongful Death
The at-fault party in an injury or death case varies. In some instances, multiple parties may be responsible for a death. Examples of defendants in wrongful death cases include:
- Drivers
- Motorcyclists
- Dog owners
- Product manufacturers
- Property owners
If you are unsure about who is responsible for the death of your loved one, connect with an attorney. This allows you to get answers to frequently asked questions and many others about legal claims. Your lawyer can help you identify any at-fault parties and file your claim accordingly.
Cost of a Wrongful Death
You cannot put a price on the loss of a life. In your lawsuit, your wrongful death attorney in Mt. Pleasant considers your economic and non-economic losses. This allows you to request a damages amount that provides sufficient compensation to help you deal with the aftermath of your loved one’s death.
Economic damages are quantifiable, while non-economic compensation is subjective. You may request one or both types of damages. Per South Carolina Code §15-32-530, you may be eligible for punitive compensation.
Punitive damages are provided to deter an at-fault party from future acts of negligence. As an example, the defendant in your lawsuit may have acted negligently, causing a family member to suffer a catastrophic injury that led to their death. A judge or jury may award punitive damages in conjunction with economic and non-economic compensation due to the defendant’s acts of negligence.
Types of Wrongful Death Cases in Mt. Pleasant We Take
Experienced legal support is critical in a wrongful death case. Make sure the attorney you hire has experience not just fighting for wrongful death claims but also achieving success. Our Mt. Pleasant wrongful death lawyers have experience and take cases such as the following:
- Truck accident cases
- Motorcycle accidents
- Premise liability
- Product liability
- Medical malpractice
- Car accidents
- Workplace accidents
- Negligent security matters
With the help of a Mt. Pleasant wrongful death attorney, you can expect our professionals to listen to your case, learn what happened and how it happened, and then start the investigation into who is responsible. We know how to investigate cases even when the insurance company wants to do everything possible to reduce any compensation paid out for the case. Expect our wrongful death lawyers in Mt. Pleasant to inform you of all of your legal options before developing a strong legal strategy for moving your case forward with confidence – whether that means a settlement or a trial to fight for full recovery.
Tips for a Wrongful Death Claim
One of the best things you can do is hire an attorney to help you with your claim. Your lawyer understands what challenges can come up during your case. They may offer several tips to help you with your claim, such as:
Submit Your Claim Right Away
The statute of limitations for filing a claim is limited, and it cannot be extended. Once you submit a claim relating to someone’s motorcycle accident or any other incident that led to a loss of life, an insurer can review it. Your lawyer can work with you as your claim is processed and help you get a fair amount of compensation.
Do Not Accept the First Settlement Offer You Get
An insurance company wants to protect its best interests — not yours. If you get a call from an insurer and they offer a settlement, consult with your attorney. In instances where a settlement proposal is much less than what you want, decline it.
Do Not Make a Statement to an Insurance Company
If an insurer pushes you to speak about your case, do not. Notify your wrongful death lawyer in Mt. Pleasant, and your attorney can speak for you. This helps you avoid saying something that could potentially hurt your chances of receiving compensation.
Build a Body of Evidence
In a wrongful death case, you must gather evidence that shows an at-fault party was negligent. The evidence you gather must illustrate that the defendant in your case had a duty of care, violated this obligation, and caused someone you know to die. You must also prove that because this individual was killed, you have suffered losses.
Communicate and Collaborate with Your Attorney
Do not hesitate to reach out to your lawyer at any point during your litigation. Your lawyer wants you to secure the compensation you are requesting. They can address any legal concerns or questions you have.
It may take months or years before your case gets resolved. Your attorney helps you every step of the way. They make sure you can present a compelling argument that makes it clear to a judge or jury that the defendant was fully at fault.
Having open communication is essential. Make sure to let your attorney know all the facts with your case. They will be able to provide the guidance you need.
Submit Your Mt. Pleasant Wrongful Death Claim
The Shelly Leeke Law Firm has many years of experience with wrongful death lawsuits. Our Mt. Pleasant wrongful death lawyer is here to help you with your case. To request a free case consultation, contact us today.