There is nothing worse than losing a loved one, except perhaps losing a loved one as a result of someone else’s actions, whether negligent or intentional. If a close relative has been killed, you can seek justice with the help of a wrongful death attorney from our team at Yelverton Litigators in Charleston, SC.
Filing a Wrongful Death Claim: A Comprehensive Guide
It’s not a requirement that you hire an attorney before filing a wrongful death claim, but it’s the best way to reduce your stress throughout the process and achieve a satisfactory outcome.
What Constitutes a Wrongful Death?
A wrongful death is when a person dies as a result of another party’s wrongful act, negligence, or intentional harm. Common causes of wrongful death include things like car accidents, medical malpractice, defective products, workplace accidents, and criminal acts.
Determine Who Can File the Claim
In South Carolina, a wrongful death claim must be filed by the executor of the deceased’s estate. This person is typically named in the deceased’s will, but if there is no will, a personal representative may be appointed to act on their behalf. Although the personal representative files the claim, any damages awarded are for the benefit of the deceased’s surviving family members, such as the spouse, children, or parents.
Know the Statute of Limitations
You must file a wrongful death claim inside the statute of limitations, which in South Carolina is within three years of the date of death. If you do not file within this time limit the court will likely dismiss the claim, and you may lose the right to any compensation.
Calculate Damages
Damages in a wrongful death claim in South Carolina can include both economic and non-economic losses, from the costs of medical treatment and burial to compensation for the loss of the deceased company and the pain and suffering felt by you and your family. In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or malicious.
File the Claim
To file a wrongful death claim, the personal representative must prepare and submit a complaint to the appropriate court. Your attorney will make sure that this legal document outlines the facts of the case, the legal basis for the claim, and the damages being sought.
Get in Touch With a Wrongful Death Attorney in Charleston, SC
To file a wrongful death case you must understand the law and be able to show that another party’s actions led to the death of a loved one. By working with a qualified attorney, you can pursue justice and secure compensation to help alleviate the financial and emotional burdens following a wrongful death.
If a loved one has died as a result of someone else’s actions, then don’t delay. Get in touch with us at Yelverton Litigators in Charleston, SC to consult with an experienced lawyer who specializes in this area of the law. We will do our utmost to get you and your family the justice you deserve.
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