Wrongful Death
Wrongful Death Lawyer in Charleston, SC
Committed and compassionate wrongful death attorneys providing legal support to individuals grappling with the loss of a loved one.
While taking legal action may not be a priority for those who have lost a loved one, survivors of the victim need to retain a wrongful death lawyer as soon as possible. In addition to the significant emotional trauma of having a loved one pass away, families may also face substantial financial difficulties without the support of the deceased. Our goal is to ease the financial burden caused by the death of a loved one by holding the at-fault parties responsible.
The wrongful death attorneys at Yelverton Litigators have a long history of recovering compensation that recognizes the value of the victim and helps the surviving family recover from their loss. If you have lost a loved one unexpectedly, contact us today to find out how we can help.
What Are the Causes of a Wrongful Death?
Yelverton Litigators understands that wrongful death cases are deeply complex, often arising from a variety of causes. These tragic incidents can result from car accidents, medical malpractice, defective products, or even intentional acts. In Charleston, we have seen cases where negligence, recklessness, or deliberate actions have led to the untimely death of individuals. Identifying the cause is crucial in building a strong case, and our experienced attorneys at Yelverton Litigators are well-versed in investigating these circumstances to pursue justice for our clients.
What is a Wrongful Death Case?
Wrongful death claims are civil actions made by the survivors of an individual who has passed away due to the negligence or bad acts of another. For example, a reasonable person knows not to drive under the influence. If one does drive under the influence and causes the death of another, the drunk driver was negligent. To establish that a wrongful death occurred, an attorney must prove that the negligent act of the wrongdoer caused the death of the victim.
This can be done by conducting a thorough investigation, hiring expert witnesses, and properly building a case against the perpetrator. In these cases, the law allows the family members of the victim to file a wrongful death suit seeking monetary damages. The wrongful death action is designed to provide compensation for relatives who depended upon the deceased for financial and emotional support. If you need legal help with a potential wrongful death case, contact us today to find out how we can help.
Wrongful Death Damages
The court will consider several factors when determining the amount of damages to be awarded to the survivors of the deceased. These factors include the relationship between the survivors and the victim, the amount of the victim’s income available to the survivor, and services that the victim provided for the survivors. As described below, an individual’s relationship to the victim may entitle them to certain benefits:
- Spouse: A surviving spouse may recover compensation for the loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Children: Minor children may seek compensation for lost parental companionship, instruction, guidance, and for mental pain and suffering from the date of injury.
- Parent: Each parent of a deceased minor child may recover compensation for mental pain and suffering from the date of injury. Each parent of an adult child may also recover compensation for mental pain and suffering if there are no other survivors.
- All: Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death, reduced to present value. In addition, medical or funeral expenses due to the decedent’s injury or death may be recovered by the survivor who has paid them.
At Yelverton Litigators, our wrongful death lawyers understand the hardships a family faces after a wrongful death and we are committed to seeking fair compensation for the survivors.
Wrongful Death Case FAQs
Who can file a wrongful death lawsuit in Charleston?
In South Carolina, only certain family members or representatives of the deceased person's estate can file a wrongful death lawsuit. This typically includes spouses, children (both biological and adopted), and parents. If the deceased person had no immediate family, then other relatives may be eligible.
What is the statute of limitations for filing a wrongful death lawsuit in South Carolina?
In South Carolina, the statute of limitations for filing a wrongful death lawsuit is typically three years from the date of the deceased person's death. However, there can be exceptions to this depending on the circumstances of the case, so it's important to consult with a legal expert as soon as possible.
What should I do if I believe a loved one's death was the result of wrongful actions?
If you believe a loved one's death was the result of wrongful actions in Charleston, SC, it's essential to seek legal advice as soon as possible. Contact a reputable attorney who specializes in wrongful death cases to discuss your situation. They can provide guidance on your legal options, help you understand your rights, and assist you in pursuing a claim for compensation. Additionally, refrain from making any statements or signing any documents without consulting with your attorney first to protect your rights and interests.
Can punitive damages be awarded in Charleston wrongful death cases?
Yes, punitive damages may be awarded in Charleston wrongful death cases if the defendant's actions were particularly egregious or malicious. Punitive damages are meant to punish the defendant and deter similar behavior in the future. However, they are not guaranteed and are typically awarded at the discretion of the court.
Contact Yelverton Litigators for an Initial Consultation
In conclusion, navigating a wrongful death case in Charleston, SC requires careful attention to legal nuances and a thorough understanding of the state's statutes and procedures. Seeking the guidance of Yelverton Litigators is crucial to ensure that the rights of the deceased and their surviving family members are protected.
By advocating for justice and fair compensation, our wrongful death attorneys can help bring closure to grieving families while holding accountable those responsible for the loss of their loved ones. Through diligent legal representation, the pursuit of justice in wrongful death cases contributes to upholding the safety and well-being of the Charleston community. To get started, contact us today for a consultation