Accidents can lead to serious injuries, but some victims do not survive. They succumb to severe brain damage or internal organ injuries. Family members left behind do not know what happened or if they can hold someone accountable for this tragedy. That is where Hart Law comes in. An experienced Dentsville wrongful death attorney can discuss your legal options following a tragic death.

Call us to schedule a free, no-obligation consultation with a Dentsville wrongful death lawyer today. Our law offices serve clients throughout Columbia, SC, and the surrounding area, and our wrongful death attorneys are ready to fight for the compensation your family deserves.

What is a Wrongful Death in South Carolina?

A wrongful death is any death caused by the neglect, wrongful act, or intentional actions of a person. Under South Carolina wrongful death law, when a person dies because of someone else’s negligence or intentional conduct, certain surviving family members have the right to file a wrongful death lawsuit and seek compensation for their losses.

Some of the most common examples include:

  •  Motor vehicle accidents, including car crashes, truck accidents, and motorcycle collisions.
  •  Medical malpractice occurs when medical errors lead to a preventable death.
  •  Workplace accidents, including any occupational illness or accident caused by a workplace hazard.
  •  Product liability occurs when a defective product causes a fatal injury.
  •  Intentional criminal acts that lead to a loved one’s death.

A wrongful death claim can be filed whenever a person dies due to someone else’s negligence, a wrongful act, or intentional conduct. Car accidents, defective products, and dangerous workplaces are all common situations where a Columbia wrongful death attorney can help grieving families hold the responsible party accountable. If you are unsure whether your situation qualifies, our wrongful death lawyers offer a free initial consultation to review the facts.

When to File a Wrongful Death Lawsuit

Under South Carolina Code § 15-51-20, the estate’s personal representative files the lawsuit. However, the spouse and children receive compensation. If none survived, then the parents may receive compensation or if they have died, then any remaining heirs.

The wrongful death statute in South Carolina gives the estate only three years to file a wrongful death lawsuit. The day of death typically starts the limitations period. Missing this deadline almost always means losing the right to file a wrongful death claim entirely, so it is important to speak with a Columbia wrongful death attorney as soon as possible.

South Carolina law also requires that the personal representative act in the best interests of all surviving family members. This means the person who files the claim must handle the legal process fairly for everyone entitled to share in any recovery. Our wrongful death attorneys can help the personal representative understand their duties and guide the entire family through the legal process.

Key Challenges with Wrongful Death Cases

These are difficult cases for various reasons:

  • Death of the victim. A victim is one of the most important witnesses who can testify about what happened. Because they have passed, we cannot get their version of events.
  • Emotional stakes. Our clients feel intense grief and other emotions, which can make these cases challenging.
  • Intrafamily fighting. Siblings might argue with each other over which lawyer to hire or whether to settle a claim. Disagreements also break out if the family does not like the personal representative who technically handles the claim.
  • Large potential compensation. Some defendants will dig in and fight harder when there is more money at stake.

Wrongful death cases also require careful evidence gathering from the very beginning. Police reports, medical records, witness testimony, and physical evidence from the scene where the accident happened all play a role in establishing what the responsible party’s actions caused. Insurance companies and their insurance adjusters begin working immediately after a loved one’s death, so having legal advocates on your side early is important.

Our Columbia wrongful death lawyers know how to gather evidence, handle criminal case crossover issues, and manage the complex legal claims involved in these cases. We handle every detail so that surviving family members can focus on healing.

Negotiating a Settlement for a South Carolina Wrongful Death

Our law firm typically negotiates with defendants for a settlement. This outcome allows us to resolve the dispute without lengthy litigation.

We typically begin negotiating with a demand letter, outlining why the defendant is responsible for the death. We provide details from witnesses, as well as a summary of physical or video evidence. Our wrongful death attorneys build a detailed record using police reports, medical records, and witness testimony before any settlement demand is made.

We also include a demand for both economic and non-economic damages to cover:

  • Medical bills and medical expenses to treat your loved one before they passed
  • Funeral and burial expenses and funeral costs
  • Lost wages and income the deceased could have provided to the family had they lived
  • Financial support the deceased’s family depended on
  • Loss of parental guidance
  • Loss of companionship
  • Pain and suffering
  • Emotional distress experienced by the surviving family

Each case is different. We might request more compensation when a young person dies to account for the many decades of lost earnings. If your loved one died in a workplace accident, then certain surviving family members might be limited to receiving a death benefit from workers’ compensation. In cases involving particularly reckless or intentional conduct, punitive damages may also be available to hold the responsible party fully accountable.

A defendant might reject our initial demand, and a lawsuit is possible. At trial, we must establish liability for the accident as well as our client’s damages. We can discuss what to expect if you are asked to testify in open court. Our wrongful death attorneys are experienced in both negotiation and litigation, and we fight aggressively for a fair settlement or, if necessary, a jury verdict.

FAQs on Dentsville Wrongful Death Claims

Why doesn’t the state file my wrongful death case?

A wrongful death case is civil in nature. If you prevail, you can only force the defendant to pay financial compensation; a judge cannot send them to jail. For this reason, the estate’s personal representative files. A criminal prosecution may happen separately if the responsible party broke the law, but the criminal case and the civil wrongful death lawsuit are handled independently. You can pursue a wrongful death claim even if criminal charges are not filed.

Who is the personal representative of my family member’s estate?

They should have named someone in their will. If they died without a valid will, then the probate court will appoint someone to serve, usually a surviving spouse or close family member. The personal representative handles the legal process on behalf of all eligible surviving family members, including surviving parents and legal heirs. Our wrongful death lawyers can help the personal representative understand their role and responsibilities.

The defendant has made a settlement offer. Should I accept?

Don’t accept anything until you have shown the proposed settlement to an experienced attorney at Hart Law. We can review if the offer is fair. Insurance companies usually offer only a small settlement, and we have the experience to increase the amount on offer. Insurance adjusters are trained to offer low settlements quickly after a loved one’s death, before families fully understand the value of their wrongful death claim. Never agree to anything without speaking to a Columbia wrongful death attorney first.

Can I file a wrongful death claim if there was also a criminal case?

Yes. A civil wrongful death lawsuit and a criminal prosecution are completely separate legal actions. The responsible party can face criminal prosecution and still be sued in a civil wrongful death case. A not-guilty verdict in criminal court does not prevent you from winning a civil wrongful death lawsuit, because the legal standards are different. Our SC wrongful death attorney team handles civil wrongful death cases regardless of what happens in any related criminal case.

What if multiple people were responsible for the death?

More than one responsible party can be named in a wrongful death lawsuit. For example, in a car accident, a negligent driver and a trucking company might both share responsibility. Our Columbia wrongful death attorneys investigate thoroughly to identify every party whose actions contributed to the person’s death, so we can seek compensation from all responsible parties.

How much does it cost to hire a wrongful death lawyer?

Our law offices handle wrongful death cases on a contingency fee basis. This means surviving family members pay no legal fees upfront. We only collect a fee if we recover compensation on your behalf. A free consultation costs nothing and gives your family a chance to understand your legal rights before making any decisions.

Speak with a Dentsville Wrongful Death Attorney

Any loss of a beloved family member is tragic. Surviving family members often struggle to pick up the pieces and move productively forward after a death. Now is the time to call Hart Law to discuss your legal options. The deadline for filing a claim is fast approaching, and our legal team can handle all the legal aspects. Contact us to schedule a free consultation at (803) 771-7701.

Our wrongful death attorneys serve families in Dentsville, Columbia, SC, and throughout South Carolina. Whether you need a Columbia wrongful death attorney or an SC wrongful death attorney who will fight hard for your family, our law firm is here to help. Do not face this alone. Contact our law offices today for a free initial consultation and let our legal advocates begin working to hold the responsible party accountable and recover the fair compensation your family deserves.