Losing your loved one to an untimely, accidental death can trigger a lifetime of trauma and distress. The ramifications could upturn your life and consume financial resources.
At Jordan Law Center, our team understands the gravity of your situation. Our Greenville wrongful death attorneys can guide you through litigation, and you can expect unwavering support for your case. We hope to give you more time to focus on the necessary grieving and healing.
What Is a Wrongful Death Claim?
Allegations of wrongful death follow an event where your loved one suffers fatal injuries because of another party’s negligence. The South Carolina Legislature details these laws in Section 15-51-10 of the Code of Laws. The text states that if a death occurs because of someone’s negligence, the responsible party assumes liability for damages.
Determining wrongful death requires a timely and thorough investigation. Examining evidence and assigning liability may involve first responders, local authorities, insurance companies, medical providers, and witnesses, among others. Our team will investigate the findings of other parties to improve the integrity of your case.
To legally claim wrongful death, our team will need to determine duty, breach, and causation.
This requires your wrongful death attorney to identify the duty the at-fault party owed your loved one and describe how a breach of this duty happened. Then your lawyer will collect substantial evidence to show how the breach of duty caused fatal injuries to the victim.
How Can a Greenville Wrongful Death Attorney Help You?
Having our team investigate, create, and represent your case may alleviate the strain of your circumstances. We will oversee the responsibility of filing paperwork and communicating with liaisons. We will also provide legal counsel to help you determine the best way to proceed with your case.
The Greenville wrongful death attorney assigned to your case at the Jordan Law Center can gather evidence, calculate damages, negotiate fair settlements, and represent you in a court of law. Our commitment to your well-being may remove some of the stress and angst you might otherwise feel as you prepare to take legal action.
Which Cases Can Our Greenville Wrongful Death Lawyers Handle?
Wrongful death can happen in several ways, from a pedestrian accident to a product malfunction. Below are the types of cases we can file a wrongful death claim.
Fatal motor vehicle collisions
Motor vehicle collisions may involve big rigs, motorcycles, or off-roading vehicles. Cases involving driver distraction, DUI, recklessness, and pedestrian fatalities all fall into this category as well.
Premises liability, slip and fall accidents
Any business or organization, from entertainment venues and grocery stores to college campuses, must provide a safe and hazard-free environment. If your family member fell because of a preventable hazard, you could have a wrongful death case.
Nursing home abuse and neglect
Nursing homes agree to provide compassionate, humane care to each resident. If staff deliberately abuse or neglect the needs of their residents, they may face serious legal repercussions.
Work-related accidents involving a third-party
Some work accidents involve a third party.
If you can identify reasons why the decedent’s death on the job was entirely preventable, pursuing a wrongful death case might be in your best interest. Your Greenville wrongful death attorney can help you determine if pursuing legal action, and in what manner, is the right decision to make.
Our team will handle your case with utmost sensitivity. Our unmatched commitment to treating our clients with dignity will inform our support for you during this unprecedented time.
Who Can File a Wrongful Death Lawsuit in South Carolina?
If the decedent was a sole provider or had dependents, the financial impact of death can have even greater consequences. Anyone with a meaningful connection to the decedent can file a wrongful death lawsuit. A surviving family member or the decedent’s spouse will often be the first able to file a claim.
Your Greenville wrongful death lawyer will exhaust every resource to acquire compensation for damages. The decedent’s estate will collect the awarded damages, and the appropriate parties will determine the distribution of the funds.
What Damages Can You Collect in a Wrongful Death Lawsuit?
Whenever someone passes away, feelings of loss can reverberate beyond the immediate family. The financial repercussions of a wrongful death incident can upend your goals for the future. Even after your loved one’s death, you may face overwhelming obligations related to emergency medical care from the incident, as well as funeral costs.
Our Greenville wrongful death attorneys will articulate how your family member’s death created economic and non-economic distress to acquire compensation on your behalf.
Your financial obligations following a wrongful death case could include the following:
- Medical bills
- Property damage
- Funeral costs
- Wage loss
The emotional impact of losing someone you love could interfere with your ability to work.
Similarly, if your family member oversaw the finances, you might feel lost as to how you will carry on and meet your obligations. Compensation for economic damages can offset some of these costs.
Psychological trauma, loss of companionship, loss of parental guidance, and emotional anguish are all examples of non-economic damages. Quantifying such damages requires thoroughly examining the impact of the decedent’s death on you and the rest of your life. While no amount of money can replace the damage a wrongful death causes, it might ease your burden enough that you can pick up the pieces of your life and move on.
The law promises to bring justice to victims of wrongful death incidents. One way the legal system achieves this is with punitive damages. Punishing the wrongdoer through legal fines is intended to deter other people from committing similar acts.
The process of determining damage takes time. Aspects that our team will look at can include the age of your family member at the time of death as well as mental capacity and life expectancy. Our team will also assess the circumstances of your family member’s death, including the severity of the pain and the duration of suffering.
How Much Time Do You Have To File a Wrongful Death Claim in SC?
In South Carolina, you have three years from your loved one’s death to file a claim. If this statute of limitations expires, the court will dismiss your case. Your diligence in filing a claim at the earliest possible time can make a considerable difference in the outcome of your case.
One benefit of your proactivity is that you can prevent the risk of memory loss from interfering with your recollection of events. This also applies to witnesses who might contribute their statements to reinforce your case. Filing your claim in a timely manner can also improve the credibility of your story. When those involved in your case can corroborate your story with less difficulty due to the passage of time, it can aid in your ability to create a solid case.
FAQs About Wrongful Death Cases
Can more than one family member file a wrongful death claim?
Multiple members of the decedent’s family can file a wrongful death claim. However, all family member’s heirs will join as plaintiffs in one lawsuit. If family members disagree on who should take legal action and each file their own claim, the court has the option of consolidating them into one lawsuit.
Will your wrongful death case go to trial?
A wrongful death case will rarely go to trial. This route could mean more emotional distress for you because of the experience of sitting in court and hearing difficult details of the case. Many times, the defendant also wishes to avoid court so as not to draw attention to the case. Most wrongful death cases reach a settlement outside of court.
What is contributory negligence?
In cases of shared liability between parties, courts will rely on contributory negligence to determine fault. Your Greenville wrongful death attorney will carefully assess the details of your case to acquire the highest possible settlement on behalf of the decedent, you, and any other surviving family members listed as plaintiffs in the case.