If a loved one’s life was cut tragically short in a car crash, premises accident, or from any other act of negligence, the at-fault party can be held financially accountable for damages. While filing a claim or lawsuit may be the farthest thing from your mind at this time, compensation can not only help ensure that you have the finances to pay for your loved one’s funeral or memorial, and other expenses, but it can serve as at least a semblance of justice. Marc Brown will take on the legal burden so that you can concentrate on being with your loved ones.
Proving Fault
Whether the at-fault party in question was a doctor, truck driver, commuter, or nursing home facility, they owed a duty of care to your loved one. We all owe this duty of care, depending on the specific circumstances and our relationship to those around us. By choosing to act carelessly, recklessly, or in the interest of saving on costs or time, the at fault party took something from your family that can never be replaced. For example, proving that a truck driver acted negligently can be harder done than said and may require an extensive investigative process from qualified Sumter truck accident legal help. We have successfully handled all types of premises accidents, traffic collisions, and other wrongful death claims, and have the experience, resources, and clout needed to put forth such an investigation into wrongdoing.
Types of Wrongful Death Claims We Handle
A wrongful death claim can be filed against a party whenever their negligence took the life of your parent, spouse, child, or other family member. Below is a list of wrongful death cases we have handled in the past and worked towards Sumter personal injury compensation for:
- Car crashes
- Truck crashes
- Bicycle collisions
- Pedestrian fatalities
- Motorcycle collisions
- Work fatalities
- Child fatalities
- School accidents
- Scooter accidents
- Boat accidents
- Slip and falls
- Hit and runs
Compensation in a Wrongful Death Claim or Lawsuit
While no amount of compensation can erase even a fraction of the pain that you and your loved ones are feeling at this time, compensation can help reduce the economic harm that you are placed under. Damages in a wrongful death claim include the following:
- Medical expenses
- Pain and suffering for the victim
- Emotional distress
- Loss of joy of life
- Loss of companionship
- Lost lifetime earnings
- Property damage if applicable
- Funeral and burial expenses
Because of the very large sums often involved in wrongful death claims and lawsuits, plaintiffs should be prepared for a long, drawn-out, and sometimes contentious back and forth negotiation process with the other party’s insurance company. Insurers never just hand over a fair amount without attempting to reduce the damages involved; they often outright deny that the insured was at fault, or attempt to keep compensation below the policy limit.
Who Can Bring a Wrongful Death Claim in South Carolina
Understanding who is eligible to file a wrongful death claim is important for ensuring that the legal process is initiated correctly. In South Carolina, the law specifies certain individuals who have the right to bring a wrongful death claim on behalf of the deceased’s estate.
Eligible Parties
According to South Carolina Code § 15-51-10, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This individual is often named in the deceased’s will. If no will exists, the court may appoint a personal representative, typically a close family member such as a spouse, adult child, or parent.
Beneficiaries of the Claim
A wrongful death claim is filed on behalf of the deceased person’s beneficiaries, who are usually immediate family members. These beneficiaries can include:
- Spouse and Children: The primary beneficiaries of a wrongful death claim are typically the surviving spouse and children of the deceased.
- Parents: If the deceased person was unmarried and had no children, the parents might be the beneficiaries.
- Heirs: In some cases, other heirs, such as siblings or extended family members, may be entitled to recover damages, particularly if they were financially dependent on the deceased.
Distribution of Compensation
The compensation awarded in a wrongful death claim is distributed among the beneficiaries as per South Carolina’s laws of intestate succession. This distribution considers the relationship of each beneficiary to the deceased and their degree of financial dependency.
Role of the Personal Representative
The personal representative is responsible for managing the legal proceedings, which include filing the claim, gathering evidence, and negotiating with insurance companies. They work closely with a wrongful death lawyer to ensure that the case is presented effectively and that the beneficiaries’ rights are protected.
Meeting The Deadline For a Wrongful Death Lawsuit
These financial issues can be addressed and rest with the proper wrongful death lawsuit. However, it is to be brought to note that there is a specific timeline for filing a wrongful death lawsuit, after which the loved ones of the deceased can no longer fight for their legal rights. This time limit is called the statute of limitations.
The statute of limitations may differ from state to state, and once it is expired, the court no longer holds jurisdiction to punish the violators and offer compensation to the victims. Our personal injury lawyer at Marc Brown Law Firm totally understands this, which is why we highly encourage filing your lawsuit as soon as possible to get at least some compensation for your loss.
At Marc Brown Firm, we take pride in offering top-notch wrongful death lawyer services in Sumter. The wrongful death attorneys at our law firm are well experienced and skilled to prepare against anything coming up in their way. They have a great history of recovering the compensation, which recognizes the value of the deceased and helps the surviving family recover from their loss. Per the South Carolina Legislature, wrongful death on any land can be subjected to a proper case. These examples of land include watercourses, roads, water, buildings, and private ways, structures, and machinery or equipment when attached to reality. This is why it is so important to choose a lawyer who knows what they’re doing.
Among our top profile lawyers, Marc Brown is the real face behind our firm in South Carolina. He has worked for years to bring justice to the victims of personal injury. He also has experience as a defending lawyer, since he has worked in a national firm where he used to defend corporate companies against wrongful claims. His knowledge on both ends of the case gives him leads against his opponents.
If you have lost a loved one unexpectedly, then let us help you. You don’t have to fight all alone. Our experienced wrongful death attorneys can help you get leads on your case.
Legal Process and Timeline for Wrongful Death Cases in South Carolina
Pursuing a wrongful death claim in South Carolina involves a detailed legal process that can be complex and demanding. Understanding the steps and timeline is essential for families seeking justice and compensation for their loss. Here is an outline of the critical stages involved in these cases:
- Investigation
Preserving evidence and documenting the circumstances surrounding your loved one’s death as soon as possible can significantly impact the strength of your case. This involves gathering all relevant evidence, such as medical records, police reports, and any physical evidence from the scene. Additionally, interviewing witnesses and consulting with experts, such as medical professionals and accident reconstruction specialists, who can provide authoritative opinions on the cause and circumstances of the death is essential.
- Filing the Claim
The next step is drafting and filing the claim, which includes thoroughly documenting all the evidence gathered during the investigation. The claim must clearly outline the facts of the case, demonstrate how the defendant’s actions led to the wrongful death, and detail the damages being sought. Your wrongful death lawyer will play an important role in this phase, leveraging their expertise to draft a compelling claim and navigate the complexities of legal procedures. They will also ensure your claim is filed within the statute of limitations.
- Negotiation and Settlement
Once your wrongful death claim is filed, the pre-trial phase involves negotiations and efforts to reach a settlement. Pre-trial negotiations often involve mediation or settlement conferences, where both parties attempt to reach a mutually agreeable resolution without going to trial. A skilled wrongful death lawyer can leverage their experience to negotiate effectively, aiming to secure a fair settlement that compensates for the emotional and financial losses suffered by your family.
- Litigation
If a settlement cannot be reached, your case may need to proceed to trial, where both sides will present their evidence and arguments to a judge or jury. The trial will involve opening statements, witness testimonies, cross-examinations, and closing arguments. A wrongful death lawyer’s expertise is vital in presenting a compelling case and advocating for your family’s right to fair compensation.
Why Should You Choose Our Wrongful Death Attorney Services In Sumter?
Here are some things that make our service stand out among the rest.
- We keep your expectations in mind
- We make sure to bring you positive results
- We are experienced in what we do
- Our rates are affordable
- We Never charge you unless we win your case.
Call Sumpter Wrongful Death Attorney Marc Brown Today
As evidence of wrongdoing becomes evident in your loved one’s senseless death, it is understandable that you wish to take action against the careless, reckless party who is responsible. We will aggressively pursue justice on your loved one’s behalf. Call Sumter wrongful death attorney Marc Brown today at (803) 848-0008 to schedule a free consultation.