Whether it was a sudden incident or they were struggling for some time after an incident, losing a family member is difficult, and nothing will make that easier. However, it is your right to hold those responsible accountable for the losses you have suffered. Our Orangeburg wrongful death lawyer can help you to start the process of healing.
At the Shelly Leeke Law Firm, we are committed to providing our clients with compassionate legal representation as they battle the challenges they are facing after an accident like this. Our team offers a free initial consultation to provide you with information and guidance on your legal options. Set up a consultation with an Orangeburg personal injury lawyer right now to find out what we can do to support you.
Parties Eligible to File a Wrongful Death Claim in South Carolina
Wrongful death occurs when a person dies as a result of reckless, negligent actions or an intentional act from another person. There are many accidents in which wrongful death can occur, but when it happens, not just anyone can file a claim for compensation from the responsible party.
In South Carolina, a wrongful death claim can be made by the executor of the deceased party’s estate. That means that just because your loved one died, you may not be able to seek compensation for that loss. This falls under South Carolina Code §15-51-10.
Determining Eligibility for a Wrongful Death Claim
The executor or administrator of the person’s estate is able to file a wrongful death claim on behalf of the family members. Family members then recover the damages. This may include:
- The surviving spouse
- Any of the children of the individual
- When there is no spouse or child, the surviving parents may file a claim
- If there is no spouse, child, or parents, then the noted heirs of the person can be compensated for the loss
Keep in mind that if a parent abandons a child prior to their 18th birthday, and that child passes away in an accident like this, that parent does not have the legal right to benefit from the child’s death in a wrongful death claim.
Seeking Compensation
Should you seek out wrongful death compensation? There are many reasons why you may wish to do so, but ultimately it is designed to provide you with financial compensation when you are financially dependent on that individual.
For example, suppose a parent dies in a tragic incident at work. In that case, the children benefit from that parent’s monetary contributions, and therefore, they may need those funds from a settlement to help maintain their quality of life. Talk to a wrongful death lawyer in Orangeburg, SC, today.
The Damages You Can Pursue in a Wrongful Death Claim
A key factor in any wrongful death claim is determining what is owed. The executor’s job is to bring the claim against the responsible party, which often ends up being an insurance company for the individual. They then request a specific amount of compensation based on the losses they have experienced.
These losses, also known as damages, are meant to provide for what is no longer accessible due to the death of the individual. Every case is different, but some of the most common types of compensation owed include:
- End-of-life costs, such as funeral and burial fees and any final medical costs associated with the incident
- Lost income that the victim would have earned during their lifetime that would have specifically supported the home and the heir
- Damages to compensate for the victim’s companionship, care, and protection
- Damages related to mental anguish and emotional distress brought on by the loss
There are some situations where the court may award punitive damages as well. This typically occurs in situations where the court deems that the negligence was extreme or intentional, and the punitive damages are meant to encourage people from not acting in that way going forward.
A common example of when this may occur is drunk driving, in which an intoxicated driver kills another driver. Punitive damages may be awarded as a type of deterrent from engaging in this behavior.
Common Cases that Could Lead to a Wrongful Death Claim
Your loved one died, and someone else is responsible for it, or you believe they may be. In this situation, our Orangeburg wrongful death lawyer wants to hear from you. The circumstances matter, but our team is committed to helping those who are facing loss through negligence, no matter what the situation.
Some examples of common wrongful death claims include:
- Car accidents
- DUI accidents
- Pedestrian accidents
- Truck accidents
- Bicycle accidents
- Work-related accidents
- Medical negligence by a doctor or hospital
- Dog attacks
- Product failures
- Premises liability
- Medication mishaps
What happened in your situation? Allow our wrongful death attorney in Orangeburg, SC, to offer insight and guidance to you on determining what your legal rights are in this situation. We are here to guide you.
Why You Should Choose Shelly Leeke Law Firm
At the Shelly Leeke Law Firm, our Orangeburg wrongful death attorney is committed to providing compassionate care and support to our clients while working tirelessly to make those responsible for their losses accountable for them. We have provided personal injury support for our clients for years, and it has allowed us to support the needs of victims of a wide range of injuries.
When you turn to our legal team, you can expect the following:
- Transparent, honest insight into your legal rights
- Compassionate care – we want you to focus on healing while we handle the legal matters
- Exceptional support in dealing with insurance companies and others that make you the victim again
- Outstanding communication – we are here for you and are a trusted partner
- Results that come from our experience in wrongful death claims
Set Up a Free Consultation Now to Discuss Your Case with Us
Our Orangeburg wrongful death lawyer at Shelly Leeke Law Firm is ready to listen to you and offer guidance on your case. Contact us now to learn more about your right to damages after the loss of your loved one. There is no cost to you for a free consultation, and we do not charge you any attorney fees until we win your case for you.
