Florence residents dealing with wrongful death face emotional and financial struggles. The last thing on most families’ minds during such grief is financial recovery, but it is important to act quickly to secure compensation. The Florence wrongful death attorney at Hart Law understands how overwhelming these situations can be. Hart Law recognizes the difficulty of such cases. While a wrongful death claim cannot replace the irreplaceable, it aims to provide compensation for economic and non-economic damages. The dedicated team at Hart Law is ready to support clients through every step of the process.

Wrongful Death

Wrongful death occurs when a person’s life is tragically cut short due to the negligent, reckless, or intentional act of another individual or party. In Florence, South Carolina, wrongful death cases can arise from a range of incidents, including car accidents, workplace accidents, and even medical malpractice. When such a loss happens, the deceased person’s estate—represented by a personal representative, who is often the individual named in the deceased’s will or estate plan—has the right to bring a wrongful death claim on behalf of the surviving family. Florence wrongful death attorneys have the local expertise to help the named representative of the deceased person’s estate navigate the legal process. This legal action is designed to seek justice and provide much-needed support to those left behind. A Florence wrongful death attorney can guide families through every step of the process, helping them navigate the complexities of these cases and ensuring their rights are protected during an incredibly difficult time.

Understanding Wrongful Death Laws in South Carolina

South Carolina’s wrongful death laws are designed to give families a way to pursue justice and financial support after losing a loved one due to another person’s negligent or wrongful actions. When a tragic incident such as a car accident, workplace accident, or other fatal event occurs, the law allows a wrongful death claim to be brought by the personal representative of the deceased person’s estate. This representative is typically a surviving spouse, child, or another close family member.

The main goal of these laws is to hold the negligent party accountable and to provide the surviving family with the means to recover from the financial and emotional impact of their loss. Understanding these laws is essential, as wrongful death cases can arise from a variety of incidents, and each case may involve unique circumstances. By working with a knowledgeable attorney, families can ensure that their rights are protected and that they have the support needed to navigate the legal process and pursue justice for their loved one.

Complexities of Wrongful Death Cases in Florence, SC

In Florence, the intricacies of a wrongful death claim involve establishing that the victim’s death resulted from negligence or misconduct. The decedent’s death is the central event that triggers the assessment of damages and liability in a wrongful death claim. It is crucial to gather and present clear facts to support the claim and demonstrate liability. Assessing the viability of a wrongful death claim includes questioning whether, if the deceased had survived, a personal injury lawsuit would be conceivable. The means of pursuing such a claim involve following specific legal procedures and meeting established criteria. If the answer is affirmative, pursuing a wrongful death claim becomes a logical choice. Consulting with experts can further strengthen the case and help establish damages when navigating the complexities of these cases.

Common Causes of Wrongful Death in Florence

Wrongful death cases in Florence can occur as a result of various forms of negligence. Some of the most common types include car accidents, workplace accidents, and construction incidents. Driving accidents, such as those caused by distracted or impaired driving, are a frequent source of wrongful death claims. Construction sites also present significant risks, where a failure to follow safety protocols can lead to fatal outcomes. In addition, workplace accidents across different industries can result in devastating losses for families. The place where the incident occurs, such as a poorly maintained property or hazardous worksite, can play a significant role in determining liability for wrongful death. In each of these scenarios, the negligent party’s actions—whether through carelessness or disregard for safety—can have life-altering consequences. A wrongful death lawyer in Florence is committed to helping families determine the cause of their loved one’s death and pursue justice against those responsible.

Damages Available to Victims of Wrongful Death in Florence

In the wake of a tragic accident, survivors may initiate a wrongful death claim, even if no criminal charges were filed against negligent parties. Confronted with immeasurable grief and numerous questions, survivors may seek deserved compensation through a qualified attorney for various damages in a wrongful death case, including funeral expenses, burial costs, lost earnings, medical expenses, grief, mental anguish, loss of companionship, pain and suffering, and punitive damages to punish the responsible party for reckless conduct. Proving negligence and ensuring the proper valuation of all damages under South Carolina law poses challenges. It is important to accurately count all pecuniary and non-pecuniary losses, such as pain and suffering, to ensure fair compensation.

Families have the opportunity to pursue compensation for their losses, but must act quickly to avoid missing important legal deadlines.

Hart Law, with its Florence personal injury attorney, can help secure a full and fair settlement, working to resolve the case efficiently for the benefit of your family. We approach your case with the same diligence, compassion, and respect we would expect if it were one of our loved ones who passed. Get help today by calling us at (803) 771-7701.

Legal Options for Families After a Wrongful Death

After the devastating loss of a loved one, families are often left searching for answers and a way forward. One of the most common legal options is to file a wrongful death claim against the negligent party responsible for the incident. This claim can help families recover compensation for funeral and burial expenses, lost wages, and pain and suffering endured as a result of the death. In some cases, families may also be eligible to seek punitive damages, which are intended to punish the negligent party for their actions and deter similar behavior in the future.

Consulting with a wrongful death lawyer is a crucial step, as an experienced attorney can help families understand their eligibility, explore all available legal options, and build a strong case. By taking legal action, families can hold the negligent party accountable and secure the financial support they need to cope with their loss and begin to heal.

The Role of a Wrongful Death Lawyer

A wrongful death lawyer serves as a vital source of support and guidance for families facing the aftermath of a tragic loss. Their primary goal is to help families pursue justice and ensure their rights are protected throughout the legal process. From the initial consultation to the resolution of the case, a wrongful death lawyer will explain the family’s legal options, gather crucial evidence, and build a compelling case against the negligent party. Most wrongful death lawyers work on a contingency fee basis, which means families do not have to worry about upfront legal costs—the lawyer is only paid if compensation is recovered. This arrangement allows families to focus on healing while their attorney handles the complexities of the case. Choosing a lawyer with experience and a proven track record can make a significant difference in the outcome, helping families achieve the goal of holding the negligent party accountable and securing the support they need after the death of a loved one.

The Process of Filing a Wrongful Death Claim in Florence

Filing a wrongful death claim in Florence involves several important steps, each designed to support the surviving family and hold the negligent party accountable. The process typically begins with a consultation, where a wrongful death attorney reviews the circumstances surrounding the incident and the loss of the loved one. As part of their services, the attorney guides clients through the entire legal process, gathers evidence, negotiates with insurance companies, and provides compassionate support during a difficult time. From there, the attorney will gather evidence, identify the negligent party, and build a strong case to pursue justice. Most wrongful death lawyers work on a contingency fee basis, meaning families do not have to worry about upfront legal costs—the attorney is only paid if compensation is secured. The goal of this legal action is to provide the surviving family with the support they need to move forward after losing a loved one, ensuring that their rights are protected and that those responsible are held accountable.

What to Expect During a Wrongful Death Case

Navigating a wrongful death case can be overwhelming and emotionally taxing for surviving family members. The process typically begins with the filing of a claim against the negligent party, followed by a period of discovery where both sides gather and exchange evidence. Depending on the circumstances, the case may proceed to mediation in an effort to reach a settlement, or it may go to trial if an agreement cannot be reached. Throughout each step, families can expect their wrongful death lawyer to provide consistent support, prepare them for what lies ahead, and advocate for their best interests. The process can be long and, at times, devastating, but having an experienced attorney by your side can help ease the burden. Ultimately, the goal of a wrongful death case is to secure financial support for the surviving family and to hold the negligent party accountable, offering a sense of closure and justice after an unimaginable loss.

Distribution of Funds in Wrongful Death Cases

In wrongful death cases, the distribution of funds is typically determined by the court and carried out by the person named as executor or administrator of the deceased’s estate. The deceased’s estate, as the legal entity, is responsible for receiving and distributing compensation according to the estate plan and the needs of the surviving family members. Eligible beneficiaries—such as the surviving spouse, children, and other dependents—may receive compensation for pecuniary losses, including funeral and burial expenses, lost wages, and outstanding medical bills. In some cases, punitive damages may also be awarded to punish the negligent party and deter similar conduct in the future. A wrongful death lawyer in Florence can help families understand how funds will be distributed and ensure that all eligible parties receive the support they deserve. Ultimately, the goal of a wrongful death claim is to provide financial protection and a sense of justice to the surviving family, helping them begin to heal after a devastating loss.

Wrongful Death FAQs by Florence Clients

Q. What is the difference between a survival action and a wrongful death claim?

A survival action and a wrongful death claim are two distinct legal remedies that may be available after a fatal accident. A survival action is filed on behalf of the deceased person’s estate to recover damages the individual suffered before death—such as pain and suffering, lost income, or medical expenses incurred between injury and death. A wrongful death claim, on the other hand, focuses on the losses suffered by surviving family members, including loss of companionship, emotional distress, and financial support. Both types of claims must be filed by the personal representative of the estate. A Florence wrongful death lawyer can help determine which claim—or both—applies in your case and guide you through the legal process with care and clarity.

Q. What happens if the defendant in a wrongful death case files for bankruptcy?

If the defendant in a wrongful death lawsuit files for bankruptcy, it can complicate—but not necessarily end—the case. Depending on the type of bankruptcy filed, the claim may be automatically stayed, meaning legal action is temporarily paused. However, in some situations, wrongful death claims may still be pursued as part of the bankruptcy proceedings, especially if the death resulted from willful or malicious conduct, which may not be dischargeable. A Florence wrongful death lawyer can file a claim in bankruptcy court and work to preserve your right to compensation. They can also identify potential alternate sources of recovery, such as insurance policies or third-party liability.

Q. Can a wrongful death claim be filed for deaths occurring outside of Florence?

Yes, a wrongful death claim can sometimes be filed in Florence even if the death occurred elsewhere, but it depends on several legal factors. Jurisdiction typically hinges on where the death happened, where the defendant resides or does business, and where the decedent lived. South Carolina’s wrongful death laws apply when a claim is filed within the state, but if the fatal accident happened in another state, that state’s laws and deadlines—known as statutes of limitations—will likely govern the case. A Florence wrongful death lawyer can assess the specific details and determine the proper jurisdiction for filing. Prompt legal action is essential to ensure compliance with all time-sensitive requirements and preserve your right to recover damages.

Find Comfort From Working With A Florence Wrongful Death Lawyer at Hart Law

Hart Law is committed to constructing the most robust case for our clients in Florence, ensuring they receive a full and fair settlement. We understand the pain and emotional impact that comes when you lose a lost loved one, and how a person’s death can affect every aspect of your life. Wrongful death cases can arise from many incidents, such as car accidents, tractor trailer crashes, or job-related accidents, where another person or entity may be responsible for the tragedy. While negotiation with insurance is our first step, we are prepared to litigate if it proves necessary to secure our clients’ rightful compensation and uphold justice.

If you’ve lost a loved one in an accident you believe was someone else’s fault, contact Hart Law, and let’s discuss your case. Call our law firm today at (803) 771-7701 to schedule your free consultation so we can help you get the compensation you deserve. Although no legal action can undo the loss, there is hope for justice and some peace of mind for your family. The process of pursuing legal options and obtaining benefits can be long, but the essence of acting quickly is to protect the rights of the surviving family. Hart Law can help you understand your legal options and the potential benefits available after the loss of a loved one.