If your loved one’s life was taken by an act of carelessness, an attorney can help you seek justice. We understand that no amount of compensation can right the wrong of your loved one being taken away from you and your family. The South Carolina personal injury lawyers at Marc Brown is here to help you seek compensation that will pay for your loved one’s medical expenses, their lost lifetime earnings, and other damages so that you do not suffer financial hardship on top of crushing grief.
How Can Our Wrongful Death Lawyers Help?
At Marc Brown Law Firm, you can depend on professional local legal support for your South Carolina wrongful death case. We proudly serve clients across South Carolina through our offices in Columbia and Sumter. Here’s why we are the right choice for you:
Experienced Legal Guidance: Wrongful death lawsuits can be legally and emotionally challenging, requiring the ability to establish liability and navigate complex claims. With years of experience, Marc Brown and his team can guide you through these difficulties with skill and compassion. If you’ve lost a loved one due to wrongful actions in Richland County, contact our Columbia wrongful death lawyers today for dedicated support.
No Upfront Fees*: Our wrongful death attorneys in Sumter typically work on a contingency basis, meaning you only pay if we win your case. Our Sumter legal team will carefully review the details of your claim, assess your circumstances, and help you seek the compensation you deserve in Sumter County.
Objective Legal Counsel: An experienced wrongful death attorney from our firm can offer an impartial and objective perspective on your case, allowing you to make informed decisions that prioritize your best interests, free from emotional influence.
Do You Have a Wrongful Death Case?
Wrongful death is a category of personal injury claim in South Carolina’s tort law system. If the circumstances of the death would have allowed the decedent to file a personal injury claim if they’d survived their injury, then the family of the deceased individual has the right to recover compensation after their death. Common causes of wrongful death in South Carolina include the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Workplace fatalities
- Premises liability cases
- Medical malpractice
- Nursing home abuse
- Birth injury
- Defective products
If your loved one died through no fault of their own, and the death was preventable if only someone else had taken reasonable care, then the family has the right to recover compensation for their economic losses as well as for their emotional grief and anguish.
Standards of Legal Liability In South Carolina Wrongful Death Cases
Most wrongful deaths result from legal negligence, which may include careless, reckless, or intentionally wrongful actions. The plaintiff in a wrongful death case has the burden of proving the at-fault party’s liability through a preponderance of evidence meeting the following legal standards showing duty of care, causation, and damages:
- The at-fault party owed a legal duty of reasonable care to the decedent, such as a driver’s duty to drive at the speed limit or a property owner’s duty to maintain a safe stairway or elevator
- They breached their duty of care through negligence
- The breach of duty caused the injury and death
- The decedent’s family suffered economic and non-economic damages from the death
Like all states, South Carolina places limits on wrongful death claims, including a statute of limitations (time limit) and restrictions on who may file the claim.
Who Can File a Wrongful Death Claim In South Carolina?
Many states allow close family members, such as a spouse, parent, or adult child, to file wrongful death claims directly. In South Carolina, a close surviving family member may still benefit from the claim, but only a personal representative may file it. This is typically the person named as executor of the estate in the decedent’s will. If the decedent doesn’t have a will, then the court appoints a personal representative from among the closest family members. Then, the decedent’s will or the state’s intestacy laws for those who die without an estate plan determine the distribution of compensation awarded in the case. This is typically the closest surviving family members, such as a spouse, parent, or child.
What Is the Statute of Limitations in South Carolina Wrongful Death Cases?
South Carolina’s statute of limitations limits wrongful death claims to three years from the date of the death, with few exceptions. For instance, the court may extend the three-year time limit in cases of delayed discovery. A common example occurs in medical malpractice wrongful death cases, when the family doesn’t discover that the medical provider’s negligence caused the death until later, due to the extensive investigation required.
Claims against government entities, such as a city bus agency or a negligent road construction agency, have different timelines, requiring careful navigation and adherence to filing deadlines.
Damages in a South Carolina Wrongful Death Claim
There is no way to put a price on a human life. However, damages in a South Carolina wrongful death claim or lawsuit include the following:
- Medical expenses
- Pain and suffering of the deceased
- Plaintiff’s loss of joy of life
- Emotional distress of the plaintiff
- Loss of companionship/consortium
- Lost lifetime earnings of the deceased
- Property damage
- Funeral and burial expenses
- Other incurred expenses, such as the added cost of child care
Proving Fault in a Wrongful Death Case Requires a Violation of Duty of Care
All members of society, including businesses and corporations, owe a duty of care to others. This duty of care depends on the relationship between the various parties involved. Winning a lawsuit or wrongful death claim depends on establishing the relationship between the parties as well as proving that the defendant’s negligence or recklessness led to your loved one’s death.
- Traffic Collisions—All road users have a duty of care that includes obeying all traffic laws and operating their vehicles with a reasonable amount of prudence. In the event of a serious trucking accident, a South Carolina truck accident attorney can help.
- Slip and Fall Premises Claims—Property and business owners have a duty of care to all invitees and licensees (people who were on the premises legally) to maintain safe walking conditions for all abilities.
- Nursing Home Negligence—Nursing homes must provide a certain standard of care to patients regarding the treatment of illnesses, assistance with food and water, and a wide variety of other services.
- Employer Recklessness—While an employer usually cannot be held liable in a wrongful death claim, if they violated their duty of care to follow safety rules and regulations by acting recklessly, they can be successfully sued for work injury compensation in South Carolina.
What to Do If You Suspect Your Loved One Suffered a Wrongful Death In South Carolina?
All deaths feel wrong to loved ones left behind, but if you suspect your loved one’s death could have been prevented with reasonable care, you can take purposeful action immediately after the death. Although it’s challenging to think clearly during trauma, the following steps can help your family’s financial recovery later so you can focus on mourning your loss and working your way forward. After the death, take the following actions whenever possible:
- Preserve evidence at the scene by taking photos with your cell phone camera
- Keep your loved one’s personal belongings in a sealed plastic bag
- Gather the names and contact information of eyewitnesses
- Write or record your observations at the scene of the accident or incident while they are fresh in your mind
- Request a full autopsy and copies of the death certificate and medical examiner’s report
- Obtain copies of your loved one’s most recent physical examination before their death
- Gather their employment records and recent pay stubs or direct deposit records showing their typical income
- Keep copies of all medical bills, funeral expenses, and related financial losses
- Hire an experienced South Carolina wrongful death lawyer
Most wrongful death claims are filed directly against the appropriate insurance company, such as auto insurance after a car accident death or property liability insurance after an apartment fire. Unfortunately, insurance companies are not on the claimant’s side, even when the insurance adjuster sounds compassionate. Their goal to protect company profits conflicts with your family’s goal to receive the maximum compensation available.
Do I Have to Go to Court for a Wrongful Death Claim In South Carolina?
Most wrongful death cases end with a settlement from the at-fault party’s insurance company, especially when an experienced attorney represents the family’s claim. If your case is one of the less common examples that requires court litigation, your trial-ready attorney from Marc Brown Law Firm will carefully compile evidence and take the case to court with a well-executed legal strategy. Court cases may take longer than settlements, but juries often sympathize with injury victims over powerful insurance companies, resulting in favorable verdicts and large jury awards for damages.
How to Find the Right Wrongful Death Lawyers
Each state’s wrongful death laws vary slightly, requiring an experienced attorney with a history of favorable results in your state to maximize your chances of a successful claim. Finding the right attorney for your South Carolina wrongful death case requires the following:
- Take advantage of the free consultation to speak with several law firms to find the best fit for your case
- Ask about the attorney’s background in South Carolina wrongful death cases and their history of success with claims similar to yours
- Read client testimonials and reviews
- Ask if the attorney who handles your initial consultation is the same one who will represent you, and, if not, request an interview with the attorney who will be assigned to your case
- Ensure that you have a good rapport with the attorney and feel confident in their ability
- Ask about their preferred method of communication
Call South Carolina Wrongful Death Attorney Marc Brown
As the decedent’s spouse, child, parent, or other close family member, you should not be left to pay medical bills and other expenses simply because another party was texting while driving, failed to maintain their premises, or made a critical error during surgery. Regardless of how your loved one was taken from you, we can help you seek a small semblance of justice through financial compensation. Contact the South Carolina wrongful death attorney Marc Brown today at (803) 848-0008 to schedule a free consultation.