Tragic accidents strike Lexington County more often than we would like. Anyone could suffer fatal injuries in a car wreck, workplace accident, or hospital. And when the unthinkable happens, surviving family members are left with many questions about what happened.

Contact Hart Law today. South Carolina gives the estate the right to file a wrongful death claim. This is a civil lawsuit for financial compensation that certain family members can receive. Our Lexington wrongful death attorney can meet to discuss the tragedy and answer questions in a free consultation.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when a person dies due to else’s negligence, a wrongful act, or an intentional act. It is separate from any criminal case that might be filed. The goal is to hold the at-fault party or negligent party accountable and seek compensation for the losses the family has suffered.

South Carolina law allows the deceased’s estate to bring this type of claim. The personal representative of the estate files the case in civil court. Any money recovered typically goes to the surviving spouse, children, or other close family members.

Wrongful death cases are not easy to win on your own. You need to prove that the defendant’s actions caused the death and that your family suffered real losses as a result. That is why working with wrongful death lawyers who understand South Carolina law makes such a big difference.

Examples of Wrongful Death Claims in South Carolina

A wrongful death claim arises when a person dies as the result of a defendant’s negligent, intentional, or otherwise wrongful acts. Wrongful death accidents happen in many ways. Common causes of wrongful death include:

  • Car accidents. A distracted or speeding motorist can slam into another car, causing fatal injuries. Car accident deaths are one of the most common types of wrongful death cases in Lexington, SC.
  • Truck accidents. Large commercial trucks are more likely to cause a fatality when they crash. You might have a wrongful death claim if the trucker was intoxicated, fatigued, or otherwise negligent.
  • Medical malpractice. Medical professionals who fail to follow the standard of care can cause an avoidable death. Misdiagnosis, surgical mistakes, and medication errors are common examples of medical malpractice in SC wrongful death cases.
  • Product liability cases. A defective product can kill someone when it fails to work as expected. The manufacturer could be liable for selling a product with a design, manufacturing, or labeling defect.
  • Workplace accidents. Many workers are killed on the job in explosions or other accidents. A workers’ compensation case may also exist alongside a wrongful death action.
  • Criminal acts. You can bring a wrongful death claim against the person who attacks and kills a loved one, even if the criminal case is still ongoing.

Do You Need a Lexington Wrongful Death Attorney?

South Carolina does not require that you hire a lawyer to help you. But there are strategic advantages to hiring an experienced Lexington wrongful death lawyer. Going through the legal process alone while grieving is incredibly hard. A law firm with a proven track record can handle the heavy lifting so you can focus on your family.

Wrongful death suits involve complex rules about evidence, deadlines, and damages. Making a mistake could cost your family the compensation it deserves. Our law office handles every step of the process, from seeking justice to standing up against insurance companies that try to minimize your claim.

Such a loss changes everything. Our wrongful death attorneys approach every case with compassionate legal support and a commitment to fighting for your family’s rights in Lexington, SC, and throughout South Carolina.

Evidence Collection

To prevail on a wrongful death claim, family members need proof of what happened to assign liability to the defendant. While you grieve, an attorney can begin interviewing witnesses, visiting the scene of the accident, and reviewing medical records.

Gathering evidence quickly is important because it can disappear or be destroyed over time. Our legal team acts fast to preserve surveillance footage, police reports, witness statements, and other key materials that support your wrongful death case.

Strong evidence is the foundation of any successful wrongful death claim. Whether the death was caused by a person’s negligence, reckless conduct, or an intentional act, our wrongful death lawyers know how to build a case that stands up in court.

Initiating a Claim

Our legal team can negotiate with the negligent party by sending a demand. We outline the reasons the defendant is liable and request compensation. Negotiation is a back-and-forth process that requires expert knowledge of the law.

Before pursuing litigation, we often try to reach a fair settlement through negotiation. This can save time and spare your family the stress of a trial. However, we are always ready to take your case to court if the at-fault party refuses to offer fair compensation.

Our law office handles the entire legal process from start to finish. We communicate with insurance companies, gather evidence, and present a clear picture of how the wrongful act or gross negligence led to your loved one’s death.

Filing a Lawsuit

We can protect our clients’ rights by filing a wrongful death lawsuit before the statute of limitations expires. Under South Carolina Code § 15-3-530, the estate gets three years to file a wrongful death lawsuit, beginning from the date of death.

If settlement talks stall, we can prepare to take a wrongful death case to trial. That would require presenting witnesses and evidence to establish liability for the death. Our SC wrongful death lawyers have experience in courtrooms across Lexington County and beyond.

Wrongful death suits that go to trial can result in larger awards, including punitive damages in cases involving gross negligence or reckless conduct. Our wrongful death attorneys are prepared to pursue litigation when it is in your family’s best interest.

Compensation For a Wrongful Death Claim

The purpose of a wrongful death claim is to seek compensation for damages suffered because of your loved one’s death. We regularly request economic and non-economic damages in Lexington wrongful death cases.

Economic damages cover identifiable economic losses stemming from the death, including:

  • Funeral costs and funeral expenses
  • Medical bills for treatment received before death
  • Medical expenses related to the fatal accident
  • Lost wages and lost income
  • Future lost income
  • Loss of services

Non-economic damages cover losses which are not easily grasped in monetary terms. Nonetheless, all a court can award is financial compensation for these losses:

  • Pain and suffering
  • Mental anguish and emotional suffering
  • Loss of parental guidance
  • Loss of companionship

In some cases involving gross negligence or an intentional act, punitive damages may also be available. These are meant to punish the at-fault party and discourage similar behavior in the future. Call our Lexington wrongful death attorney to discuss the value of your claim. Each case is unique.

Financial Support for Your Family’s Future

A wrongful death lawsuit is about more than money. It is about financial support for your family’s future. When someone is killed due to someone else’s negligence or a wrongful act, the people left behind often face serious hardship. Medical bills, funeral costs, and the loss of income can create real financial strain.

Surviving family members may also face long-term challenges if the deceased was the primary earner. Lost wages and future lost income are a big part of what our wrongful death attorneys fight to recover. We want to make sure your family is not left struggling because of someone else’s reckless conduct or gross negligence.

Our law firm in Lexington, SC, is committed to helping families move forward. We understand that no amount of money can undo such a loss, but financial compensation can help ease the burden and give your family a path forward.

Who has the Right to File a Lawsuit?

The actual lawsuit must be filed by the estate’s personal representative. (S.C. Code 15-51-20.) However, the financial compensation obtained belongs to the surviving spouse and children, if any.

If no spouse or child survives, then parents might qualify for compensation, other heirs at law will be eligible. In some cases, the probate court may need to appoint a personal representative if one has not already been named.

An experienced Lexington wrongful death lawyer can answer any questions about whether you can receive compensation. We can also discuss who was named in the will as the personal representative, or who should ask the court for permission to serve in this role.

The Role of the Personal Representative

The personal representative plays a key role in SC wrongful death cases. This person acts on behalf of the deceased’s estate and is responsible for filing a wrongful death lawsuit on behalf of the family. They work closely with the law office and legal team to move the case forward.

If you are unsure who serves as a personal representative, our wrongful death attorneys can help you work through this with the probate court. We handle all of the paperwork and court filings so the legal process moves as smoothly as possible.

South Carolina law gives specific rights to the personal representative, and understanding those rights early in the wrongful death process is important. Our law firm walks families through every step so nothing is missed.

How Insurance Companies Handle Wrongful Death Cases

Insurance companies do not always act in good faith after a fatal accident. They may offer a low settlement, delay the process, or deny the claim entirely. Their goal is to protect their bottom line, not to provide your family with fair financial support.

Our SC wrongful death lawyers know how insurance companies operate. We understand the tactics they use and how to counter them. Whether the death involved a car accident, medical malpractice, or workplace accidents, we hold insurance companies accountable for full and fair compensation.

Having a law firm with a proven track record in Lexington wrongful death cases sends a message to insurance companies that your family is serious. Our law office does not back down, and we file a wrongful death lawsuit when settlement offers fall short of what your family truly deserves.

Attorney Fees and Costs in Wrongful Death Cases

Many families worry about attorney fees when considering whether to hire a Lexington wrongful death lawyer. Our law firm works on a contingency fee basis. That means you pay nothing upfront, and attorney fees are only collected if we win your case.

This arrangement allows surviving family members to get the compassionate legal support they need without worrying about out-of-pocket costs. It also means our wrongful death attorneys are fully motivated to fight for the highest possible financial compensation for your family.

Attorney fees in contingency cases are taken as a percentage of the final settlement or verdict. Our law office explains all costs clearly at the start, so there are no surprises. We believe every family dealing with a wrongful death in Lexington, SC, deserves access to strong legal representation.

Frequently Asked Questions about Wrongful Death

How much time do I get to file a lawsuit?

According to the statute, you have three years from the date of death to file a wrongful death lawsuit. Missing the deadline would be a disaster, because a judge can and will dismiss your wrongful death case. Do not wait. Contact a Lexington wrongful death lawyer as soon as possible after the death.

What if my loved one was partially to blame for the accident?

You might still have a right to file a wrongful death claim. The state’s comparative negligence law applies to wrongful death cases. You will receive nothing if the deceased was more than 50% liable for their accident. Otherwise, a lower share of liability will result in reduced compensation. A Lexington wrongful death attorney can help you understand how this applies to your situation.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit, not a criminal case. Even if the at-fault party is not charged with a crime, your family can still file a wrongful death lawsuit. The standard of proof in a civil case is lower than in a criminal case. You do not need a criminal conviction to have a successful wrongful death claim in South Carolina.

What if the death was caused by a drunk driver?

Yes, families can file a wrongful death lawsuit after a drunk driver kills a loved one. A drunk driver may face both criminal charges and a civil wrongful death lawsuit. In cases involving a drunk driver with particularly reckless conduct, punitive damages may also be available on top of economic damages and non-economic damages.

Can you file a wrongful death claim after a workplace accident?

Yes. Workplace accidents can give rise to both a workers’ compensation case and a Lexington wrongful death civil lawsuit, depending on the circumstances. If a third party, such as a contractor or equipment manufacturer, contributed to the death, the family may be able to seek compensation from multiple sources. An experienced wrongful death attorney can explain all of your legal options.

What does it mean to prove negligence in a wrongful death case?

Proving negligence means showing that the negligent party had a duty of care, broke that duty, and that the breach directly caused the death. This applies in car accident cases, medical malpractice cases, and many other wrongful death accidents. Evidence such as medical records, witness testimony, and expert opinions all play a role in building your case.

What are punitive damages in a wrongful death case?

Punitive damages are awarded on top of regular compensation when the at-fault party acted with gross negligence or an intentional act. They are meant to punish the defendant and prevent similar behavior. Not every wrongful death case qualifies for punitive damages, but our wrongful death lawyers will evaluate whether they apply in your situation.

How do serious injuries before death affect a wrongful death claim?

If your loved one survived for a period of time before dying, the deceased’s estate may also have a survival claim. This would cover the serious injuries, pain, medical bills, and mental anguish the deceased experienced before passing. These claims often run alongside a wrongful death action and can increase the total financial compensation your family recovers.

Compassionate Legal Support for Lexington Families

Wrongful death cases are about real people, real families, and real pain. Our law firm in Lexington, SC, treats every client with respect and care. We understand the weight of such a loss, and we bring compassionate legal support to every family we serve.

Seeking justice after a loved one’s unexpected death is not just about money. It is about accountability. It is about making sure the negligent party or at-fault party is held responsible for the harm they caused. Our Lexington wrongful death team is committed to standing up for families throughout Lexington County and all of South Carolina.

Whether your case involves a car accident, medical malpractice, workplace accidents, or another cause, our wrongful death lawyers have the experience and dedication to seek compensation on your behalf. We offer compassionate legal support every step of the way, and we are always just a phone call away.

Contact a Lexington Wrongful Death Attorney

Hart Law is proud to serve the Lexington, SC community with its personal injury needs. Our law office is ready to help surviving family members who are going through one of the most painful experiences of their lives. Our South Carolina wrongful death team will review the facts of your case, explain your rights, and help you understand your options.

If you lost a close family member, please reach out at (803) 771-7701. We offer a compassionate, low-pressure, free consultation with an experienced Lexington wrongful death lawyer. This free consultation costs nothing and puts you in touch with SC wrongful death lawyers who genuinely care about your family’s outcome. Seeking justice starts with one call.