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 Shelly Leeke Law Firm, you can count on our 10+ years of compassionate and dedicated service. Expect our Mt. Pleasant personal injury lawyer to fight for your best possible outcome in a very difficult situation.
Common Causes of Wrongful Death in Mt. Pleasant
Wrongful death claims in Mt. Pleasant often stems from preventable accidents caused by negligence or misconduct. Many of these incidents occur in everyday situations, such as driving, working, or visiting public or private properties. Understanding the causes of wrongful death can help your family determine liability and take steps toward justice.
Traffic-Related Accidents
Traffic accidents are one of the leading causes of wrongful death in Mt. Pleasant. These incidents often result from reckless driving behaviors such as speeding, distracted driving, or driving under the influence. Major roadways, such as Highway 17, frequently see accidents that tragically take lives due to high traffic volumes and negligent motorists.
Families of victims killed in traffic-related accidents often face significant financial and emotional burdens. These include funeral costs, loss of income, and the pain of losing a loved one. Pursuing a wrongful death claim can help hold negligent drivers accountable and provide compensation to ease these burdens.
Workplace Incidents
Workplace accidents are another common cause of wrongful deaths in Mt. Pleasant. Construction sites, manufacturing facilities, and warehouses pose particular risks due to heavy machinery, hazardous materials, and unsafe conditions. Employers who fail to adhere to safety protocols or provide adequate training put their employees at serious risk.
When a workplace accident leads to a fatality, liability may rest with multiple parties, including employers, contractors, or equipment manufacturers. Families who lose a loved one in a workplace incident often have the right to pursue a claim for compensation. This may include death benefits under South Carolina workers’ compensation laws.
Dangerous Premises
Dangerous premises can lead to fatal accidents in Mt. Pleasant when property owners fail to maintain safe conditions. Examples include slip-and-fall incidents caused by wet floors, inadequate lighting in stairwells, or negligent security in apartment complexes. These hazards often result in preventable fatalities that devastate families.
Under South Carolina Code § 27-3, property owners must ensure their premises are safe for visitors and tenants. When they fail to do so, they may be held accountable for the resulting damages. This can include compensation for medical bills, funeral expenses, and emotional distress.
Wrongful Death Definition
Wrongful death is defined under 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:
- Car accidents
- Motorcycle crashes
- Slip and fall accidents
- Work accidents
- Dog attacks
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.
The Emotional and Financial Impact of Losing a Loved One
Losing a loved one due to someone else’s negligence causes immense grief and financial strain. Families often struggle with the emotional toll of their loss while facing unexpected expenses and the absence of financial support. The following are some of the most common impacts families experience after a wrongful death:
- Grief and trauma
- Financial instability
- Loss of companionship
- Legal challenges
- Impact on children
The aftermath of a wrongful death leaves families facing challenges that affect every aspect of their lives. Pursuing a wrongful death claim can provide financial relief and a sense of justice, offering the opportunity to address the negligence that caused the loss. While compensation cannot replace your loved one, it can ease the financial burden and help you focus on healing.
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 will consider your economic and non-economic losses. This allows you to request an amount of damages 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. You may also be eligible for punitive compensation.
Punitive damages are provided to deter an at-fault party from future acts of negligence. As an example, if the defendant in your lawsuit acted with gross negligence or maliciously, causing a family member to suffer a catastrophic injury that led to their death, punitive damages may apply.
A judge or jury may award punitive damages in conjunction with economic and non-economic compensation due to the defendant’s acts of negligence.
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 determining 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
Shelly Leeke Law Firm offers resources to those interested in pursuing a claim. Our wrongful death lawyer 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.
How Punitive Damages Work in South Carolina Wrongful Death Cases
Punitive damages in South Carolina wrongful death cases aim to punish the at-fault party for egregious behavior and deter similar acts in the future. These damages go beyond compensating the family for their losses by addressing the defendant’s intentional or grossly negligent actions. Under South Carolina Code § 15-32-530, punitive damages are awarded at the court’s discretion when clear and convincing evidence shows reckless or intentional misconduct.
The availability of punitive damages provides an additional layer of justice for grieving families. For example, if a loved one was killed by a drunk driver or due to severe safety violations, the court may grant punitive damages to hold the responsible party accountable. While these damages cannot bring back your loved one, they can provide a sense of closure and emphasize the importance of safe and responsible behavior.
When to File a Wrongful Death Claim
In South Carolina, there is a three-year statute of limitations for wrongful death claims as outlined by South Carolina Code § 15-3-530. 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, let us 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.
Proving Negligence in a Mt. Pleasant Wrongful Death Claim
To succeed in a wrongful death claim in Mt. Pleasant, you must prove that the at-fault party’s negligence caused your loved one’s death. This process involves establishing four key legal elements: duty of care, breach of duty, causation, and damages. Under South Carolina Code § 15-51-10, these elements form the foundation of a wrongful death case and determine the outcome of your claim.
Duty of Care and Breach
The first step in proving negligence is demonstrating that the defendant owed your loved one a duty of care. A duty of care exists when an individual or entity has a legal obligation to act reasonably and avoid causing harm. For instance, drivers owe other motorists a duty to follow traffic laws and operate their vehicles safely.
Once a duty of care is established, you must prove that the defendant breached this obligation. A breach occurs when the responsible party fails to meet the expected standard of care, such as by speeding, texting while driving, or failing to maintain safe premises. Evidence like eyewitness accounts, surveillance footage, or expert testimony can help demonstrate this breach and its role in the wrongful death.
Establishing Causation
Establishing causation is critical to proving that the defendant’s breach directly led to your loved one’s death. It is not enough to show negligence; you must demonstrate that this negligence was the proximate cause of the fatal incident. For example, if a driver ran a red light and caused a crash that led to a fatality, their reckless actions must be clearly linked to the death.
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 team has experience taking 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 wrongful death lawyer in Mt. Pleasant, 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 team 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. We understand 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. We 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 us, and we 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 of your case. They will be able to provide the guidance you need.
Mt. Pleasant Wrongful Death FAQ
1. How long does it take to resolve a wrongful death case in South Carolina?
The timeline for resolving a wrongful death case in South Carolina varies depending on factors such as the complexity of the case and whether it goes to trial. Simple cases may resolve in a few months, while others involving disputes or multiple defendants can take a year or more. Regardless, thorough preparation and evidence gathering are essential to achieving a favorable outcome.
2. What happens if multiple parties share responsibility for the wrongful death?
When multiple parties share responsibility for a wrongful death, South Carolina’s comparative negligence laws apply under South Carolina Code § 15-38-15. Each party is held accountable based on their percentage of fault, as determined by the evidence presented. You may pursue claims against all liable parties to maximize the compensation you could recover.
3. Can I Still File a Claim if my Loved One Had Pre-Existing Health Conditions?
Yes, you can file a wrongful death claim even if your loved one had pre-existing health conditions. The key is demonstrating that the defendant’s actions caused or significantly contributed to their death. Medical records and expert testimony can help establish the connection between the negligent act and the fatal outcome.
Submit Your Mt. Pleasant Wrongful Death Claim
Shelly Leeke Law Firm has many years of experience with wrongful death lawsuits. Your attorneys are here to help you with your case.
To request a free case consultation with our Mt. Pleasant wrongful death lawyers, contact us to get started on your claim as soon as today.
