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.

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.

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.

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.

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 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.

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 claim.

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.

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

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.

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.

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

  • Economic damages for lost services, medical bills, funeral expenses, and lost income or future support.
  • Non-economic damages for pain and suffering, grief, loss of companionship, and lost parental guidance.

The amount you can receive depends on various factors, such as the defendant’s resources and the deceased’s comparative negligence. For example, your husband could have been jaywalking when struck by a car. This negligence will possibly reduce compensation available.

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.

How do I know who to sue?

Hire an attorney. 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.

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.

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 lawyer in a free consultation.