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.

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. 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.

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.

South Carolina’s statute of limitations gives the estate only three years to file the lawsuit. The day of death typically starts the limitations period.

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.

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.

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

  •  Medical care to treat your loved one before they passed;
  •  Funeral and burial expenses;
  •  Income the deceased could have provided to the family had they lived;
  •  Loss of parental guidance;.
  •  Loss of companionship;
  •  Pain and suffering.

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 family members might be limited to receiving a death benefit from workers’ compensation.

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.

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.

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 spouse or close family member.

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

Don’t accept anything until you have shown the proposed settlement to an experienced lawyer at Hart Law. We can review if the offer was fair. Insurance companies usually offer only a small settlement, and we have the experience to increase the amount on offer.

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.