Close Menu
Personal Injury Lawyers That Truly Care click here How much is my case worth?
Columbia Personal Injury Attorney > Blog > General > Resolving a Wrongful Death Claim in South Carolina

Resolving a Wrongful Death Claim in South Carolina

WrongfulDeath4

Among people under 44, violence, either intentional or unintentional, is the leading cause of death. Intentional (malicious) causes include murder and assault. Unintentional (non-malicious) causes include car wrecks, falls, and drug overdoses. Unintentional deaths aren’t accidental. People don’t accidentally overdose on prescription drugs, at least in most cases. Generally, a doctor wrote the prescription, a pharmacist filled the prescription, and a wholesaler sold the drugs to a retailer.

The chain of events that usually ends in a wrongful death makes these cases extremely complex. The web of liability, which normally involves two or more parties, makes them even more complex. Therefore, only the most experienced Columbia personal injury lawyer can obtain maximum compensation for families and survivors. This compensation usually includes money for pecuniary losses, such as the decedent’s final expenses, as well as lost future emotional and financial support.

Building a Case

This compensation is available if a Columbia personal injury lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely that not. The evidence in a wrongful death case usually includes witness statements, medical bills, and the police accident report. Sometimes, this evidence is flawed or unavailable. Witness statements are a good example.

We mentioned drug overdose deaths above. Occasionally, people use drugs in groups. However, they normally use drugs by themselves.

Credible witnesses are typically unavailable in both situations. Drug users, even if their testimony is accurate, are unreliable. A broken clock is unreliable, although a broken clock is accurate twice a day. If the victim was found dead, no one knows for sure what happened.

If one leg of the stool is weak, attorneys usually make the other two legs stronger. Expert witnesses review medical bills, police reports, and other documents. Then, they support or undermine these documents. Experts, like Board Certified doctors or coroners who carefully review the facts, are much more credible with jurors than the busy professionals who often rushed to generate the underlying document.

Once the evidence is in place, it’s much easier to identify the correct legal theory to present to the court. This theory is usually:

  • Defective product (a design or manufacturing defect),
  • Ordinary negligence (a lack of ordinary care), or
  • Negligence per se (a violation of a safety law).

Special rules apply if the wrongful death was work or service-related. In all these cases, a third party, such as a negligent doctor, might be financially responsible for damages.

Settlement Talks

Wrongful death cases often settle faster than injury cases. There’s no need to wait for lengthy medical treatment to end.

However, issues regarding liability (legal responsibility) or damages (amount of compensation) often delay settlement. Drug overdose cases are an obvious example. Typically, these individuals voluntarily ingested drugs. Whether or not that act makes them legally responsible for the death is another matter.

Because of these delays, most wrongful death cases settle during mediation. A third-party mediator ensures that parties negotiate based on the evidence, which was discussed above. So, if the evidence is solid, the mediator almost always sides with survivors.

Rely on a Savvy Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. We routinely handle matters throughout the Palmetto State.

Source:

cdc.gov/injury/wisqars/animated-leading-causes.html

Facebook Twitter LinkedIn

Practice Areas

Car Accidents

When a car accident happens, your life may be turned upside down in a matter of seconds. Let us help to restore your life.

learn more

Trucking Accidents

Attorney Marc Brown is a knowledgeable truck accident lawyer. We can help you when you need it most.

learn more

Wrongful Death

Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

learn more

Slip & Fall

Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

learn more

Dog Bites

If you need legal help with a dog bite injury, reach out to a South Carolina dog bite lawyer at the Marc Brown Law Firm.

learn more

Crime Victims

In cases of shootings and other crimes, victims can seek financial compensation by filing a civil claim for damages.

learn more
click here view all practice areas

awards & memberships

Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.

Dedicated

We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win*

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award