Did you lose a family member in an accident or violent crime? Hart Law can help. South Carolina law gives certain family members the right to receive compensation for their loved one’s death. This type of legal action seeks financial compensation from the person or business entity responsible for your tragic loss. Contact us to schedule a free consultation. An Irmo wrongful death attorney can provide an overview of how to bring a claim and identify important pieces of evidence.

Losing someone because of someone else’s negligence is one of the hardest things a family can go through. Our law firm is here to help surviving family members understand their legal rights and take the right steps forward.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil legal action filed when someone dies because of someone else’s negligent or intentional act. Unlike a criminal case, a wrongful death lawsuit is handled in civil court and is focused on getting financial compensation for the deceased’s family. The goal is to hold the responsible party accountable and help surviving family members recover damages for what they have lost.

Wrongful death cases can stem from car accidents, workplace accidents, medical malpractice, or intentional harm. Each case is different, and the facts matter a great deal. Our Columbia wrongful death attorneys review every detail to build the strongest case possible.

South Carolina law gives eligible beneficiaries the right to file suit within three years of the death. Missing this deadline can mean losing the right to seek compensation entirely, so acting quickly is important.

Examples of a Wrongful Death Claim

Our firm can help anyone seeking compensation in a wrongful death action based on the following.

Motor Vehicle Accidents

We can help clients who have lost a family member in any car, truck, or motorcycle accident. Often, a negligent driver is to blame for the collision due to:

  • Speeding
  • Failing to yield
  • Traveling too closely
  • Driving while distracted
  • Fatigued driving
  • Driving while under the influence
  • Texting and driving

Any failure to use reasonable care can make a motorist liable in a wrongful death claim. Motorcycle accidents are especially deadly, and our law firm has experience handling these cases throughout Columbia, SC, and Richland County.

Car accident wrongful death cases often involve insurance companies that try to minimize payouts. Our wrongful death attorneys know how to deal with insurance company tactics and fight for fair compensation on behalf of grieving families.

Product Liability Cases

Dangerous products can lead to death because of a defect. Some defects stem from inadequate design, while others are manufacturing or labelling defects. Some defective products include furniture, clothes, medicine, auto parts, and cribs.

When a defective product causes the death of a loved one, the manufacturer or seller may be the responsible party. Our law firm handles wrongful death claims involving products throughout Columbia, SC, and the surrounding areas, including Richland County.

Workplace Accidents

Hundreds of people are killed while working in a variety of accidents, including falls, explosions, and motor vehicle wrecks. Other workers are fatally injured when caught in machinery or struck by falling objects.

Wrongful death cases are more complicated when they happen at work. Let us review what compensation you can request. In some cases, a third party outside of the employer may have caused the accident, which can open the door to a wrongful death lawsuit separate from a workers’ comp claim.

Medical Malpractice

Medical professionals like doctors, nurses, and anesthesiologists owe a duty of care to their patients. When they fall short of that duty, a patient can die.

We can bring a wrongful death claim for:

  •  Diagnostic errors
  •  Surgical mistakes
  •  Hospital-acquired infections
  •  Medical negligence
  •  Medication errors

These are complex wrongful death cases because of the need for expert testimony to establish what a doctor or other professional should have done. Call Hart Law for help with your malpractice claim. Medical malpractice wrongful death lawsuits require a thorough investigation and careful review of medical records, which our legal team is fully prepared to handle.

Criminal Acts

We can also bring a wrongful death claim for criminal acts, such as drunk driving, manslaughter, or homicide. The defendant might be prosecuted criminally, but we can handle the civil wrongful death lawsuit. Intentional harm and other criminal behavior can also support a claim for punitive damages, which are meant to punish the wrongdoer and protect public safety.

Punitive damages go beyond covering losses. They send a message that dangerous and reckless behavior has consequences. In cases involving intentional harm, punitive damages may be available in addition to standard economic damages and non-economic damages.

Details on Filing a Wrongful Death Claim

South Carolina Code § 15-51-20 states that the personal representative for the deceased person’s estate must file a claim and handle negotiations. If your loved one died with a will, then they should have identified someone to serve in this role. If there is no will, the court may appoint a personal representative to act on behalf of the deceased’s family.

Any compensation received will go to certain family members:

  •  Spouse and children
  •  Parents (if there is no spouse or children still alive)
  •  Other heirs, if no parents survive

A surviving spouse, children, and other eligible beneficiaries each have an interest in the outcome of wrongful death claims. South Carolina law also sets a three-year deadline for filing this claim, with the clock beginning on the day of death. Contact our office if you need help. Our SC wrongful death attorney team serves clients in Columbia, SC, Richland County, and beyond.

What Compensation Can Surviving Family Members Recover?

Surviving family members who file a wrongful death lawsuit may be able to recover damages for a wide range of losses. The law recognizes that the death of a loved one affects families financially, emotionally, and in many other ways.

Commonly, we seek the following damages in a wrongful death case:

  • Economic damages for lost wages, medical bills, funeral expenses, funeral costs, medical expenses, lost income, and lost future financial support.
  • Non-economic damages for pain and suffering, grief, emotional suffering, loss of companionship, and lost parental guidance.
  • Punitive damages in cases involving intentional harm or extreme recklessness, which are designed to hold the responsible party accountable and protect public safety.

The full extent of what you can recover depends on the facts of your case, the responsible party’s resources, and whether the deceased person shared any fault for the accident.

How We Negotiate a Settlement

At Hart Law, we have successfully negotiated many personal injury settlements, making litigation unnecessary. With a settlement, our clients receive compensation faster than if they go to trial. Our negotiation strategy is aggressive: we can hold out for the maximum compensation available under the circumstances.

Our legal team handles all communication with the insurance company on your behalf. We gather evidence, build your case, and push for a fair settlement that reflects the true value of your loss. Evidence collection is a key part of every wrongful death lawsuit we handle, from photos and police reports to medical records and witness statements.

If a fair settlement is not possible, our Columbia wrongful death attorneys are fully prepared to take your case to court and fight for the best interests of your family.

FAQs About Irmo Wrongful Death Cases

Can more than one person be liable for the wrongful death?

Yes. For example, a doctor might have prescribed the wrong medication, and then a nurse gave too much of this wrong medication. Their combined mistakes could have caused a loved one’s death in a nursing home or hospital. In these situations, multiple wrongful death claims may be filed against different parties.

How do I know who to sue?

Hire a wrongful death lawyer. We can begin gathering evidence to analyze. We might speak with witnesses, look at medical records, and search for video. We need to identify who is responsible for the accident. A thorough investigation is the foundation of every strong wrongful death lawsuit.

I have no money; how can I hire a lawyer?

The estate can pay legal fees, since the estate files the claim. Also, we work on contingency, meaning we agree to be paid out of any settlement or jury verdict that we win. This means grieving families can get legal representation without paying anything upfront.

What is the difference between a wrongful death lawsuit and a personal injury lawsuit?

A personal injury lawsuit is filed by someone who was injured but survived. A wrongful death lawsuit is filed on behalf of someone who died because of someone else’s negligent or intentional act. Both types of cases seek financial compensation, but they involve different legal processes and different eligible parties. A personal injury attorney or personal injury lawyer can help you understand which type of claim applies to your situation.

Does a criminal conviction affect a wrongful death case?

Not necessarily. A criminal case and a wrongful death lawsuit are handled separately. A defendant can be found not guilty in a criminal court but still be held responsible in a civil wrongful death case. The legal standards are different, and our Columbia attorneys know how to build a civil case regardless of what happens in criminal court.

What if the death happened partly because of the victim’s own actions?

South Carolina follows a modified comparative negligence rule. This means that if the deceased person was partly at fault, the compensation may be reduced. However, surviving family members can still recover damages as long as the deceased was not more than 50% at fault. Our wrongful death attorneys will work to minimize any fault assigned to your loved one.

Can I file a wrongful death claim if the death happened at a nursing home?

Yes. If a nursing home resident died because of neglect or abuse, that may be grounds for a wrongful death lawsuit. These cases often involve detailed medical records and expert testimony. Our law firm handles nursing home wrongful death cases throughout Columbia, SC, and Richland County.

Contact an Experienced Irmo Wrongful Death Lawyer

Hart Law stands on the cutting edge of South Carolina law. Grieving families can trust our ability to handle all facets of a case, from evidence gathering to negotiation. Call our office at (803) 771-7701 to speak with a wrongful death lawyer in a free consultation.

Our law firm proudly serves families in Columbia, SC, Richland County, and across South Carolina. If you have lost someone because of someone else’s negligence or intentional harm, our SC wrongful death attorney team is ready to help you pursue the full extent of compensation available under the law. You do not have to go through this alone.