When you lose a family member due to someone else’s negligence, it is in your best interests to sue the at-fault party. By hiring a Denny Terrace personal injury lawyer, you can seek the most compensation possible.
At the Shelly Leeke Law Firm, we offer legal help to those involved in wrongful death cases in Denny Terrace and other South Carolina neighborhoods. For more information, please reach out to us to schedule a free consultation with an experienced South Carolina personal injury lawyer right away.
How a Wrongful Death Happens
A wrongful death is the result of a person’s negligence or misconduct. Common reasons why wrongful deaths occur include:
Car Accident
A negligent driver can take their eyes off the road and hit another motorist or pedestrian. In this instance, those involved in the auto accident can die. Anyone who loses a family member in a car accident caused by a negligent motorist can sue for damages.
Motorcycle Accident
Even though a motorcyclist may wear a helmet and other protective gear, there is no telling when this rider will come into contact with a negligent driver. If a motorist does not see or ignores a motorcyclist, they can cause a fatal accident. At this point, the family of the rider who was killed can file a motorcycle accident lawsuit against the negligent driver.
Workplace Accident
An employer must maintain a safe work environment for all employees at all times. If an employer chooses not to do so, a workplace accident can occur, which can lead to a fatality.
According to the Bureau of Labor Statistics (BLS), there were 5,190 total fatal injuries reported at U.S. workplaces in the last reporting year.
The Shelly Leeke Law Firm has more than a decade of experience with wrongful death cases and many types of personal injury lawsuits. A Denny Terrace wrongful death attorney from our firm can help you determine if now is the right time to file a claim on behalf of your deceased family member. To learn more, please get in touch with us.
When to File a Wrongful Death Claim
South Carolina has rules in place regarding the family members who can request compensation as part of a wrongful death lawsuit. You can seek compensation in this type of lawsuit if you are the spouse, child, or parent of the decedent (deceased person). You can also file a claim if you are the heir of the decedent and this individual does not have a surviving spouse, child, or parent.
In addition to being a blood relative or spouse of the decedent, you must show that the individual responsible for this individual’s death had a duty of care to them. You must be able to present evidence that indicates this duty was breached, which led to your family member’s death. Evidence that you can provide to support your claim can include police reports, medical records, and other pieces of information that show your family member died due to an at-fault party’s negligence.
A wrongful death lawyer in Denny Terrace, SC, is a great resource. You can meet with a lawyer to get answers to frequently asked questions about legal claims. If you decide to submit a claim, your lawyer will make sure it is done in accordance with South Carolina’s statute of limitations.
How Much Time You Have to Submit a Wrongful Death Claim
In South Carolina, there is a three-year statute of limitations for wrongful death claims. This means you have a maximum of three years from the date your family member dies to file your lawsuit. If you decide against submitting a claim during this period, you lose the right to do so after this three-year window.
If you are considering a wrongful death lawsuit, it pays to partner with a lawyer. You can hire a wrongful death attorney in Denny Terrace, SC, who can help you determine your eligibility for a lawsuit. They will make sure you ask for the most damages possible.
You can pursue economic and non-economic compensation in your lawsuit. Economic damages are awarded based on quantifiable losses like loss of income. Non-economic damages are given out based on subjective losses such as loss of companionship.
What to Expect After Your Wrongful Death Lawsuit Is Filed
Negotiations are common in wrongful death cases. Your lawyer and the defendant’s attorney can go back and forth in the hopes of reaching a settlement. If the defendant wants to settle, they may offer a portion of the damages you originally requested before your trial date.
You are not obligated to accept a settlement offer, but it is generally a good idea to do so. If you receive a fair proposal, you can resolve your case without having to go to trial. On the other hand, if a settlement falls short of what you want, you can decline it and continue to prepare for your trial date.
Your lawyer can go over how a personal injury settlement is determined and similar topics. If you get a settlement, you can discuss it with your attorney. From here, your lawyer can share their perspective about the offer, and you can make an informed decision about how to proceed with it.
Timeframe for Resolving a Wrongful Death Case
A wrongful death lawsuit can last months or years. Every lawsuit is different, and settlement negotiations remain open until a trial date. If the plaintiff and defendant cannot reach a settlement, they go to trial and present their respective arguments in court.
Even if you bring your case to court, there is no guarantee that you will be awarded compensation. The skill and experience your attorney brings to your case play a major role in your ability to secure damages. If you have an attorney at your side who understands the trial process, you are well-equipped to get the compensation you deserve.
As you look for an attorney, find one who values communication and collaboration. This lawyer can discuss their relevant case experience and explain how they will help you win or settle your case. Plus, they will work with you to make your case as strong as possible.
Partner with a Wrongful Death Lawyer from the Shelly Leeke Law Firm
The Shelly Leeke Law Firm is here to help you with your Denny Terrace wrongful death case. To get started, please contact us today.
