Columbia Wrongful Death Accident Lawyers at Hart Law Seek Justice for Your Loved One
Losing a loved one is a devastating experience, especially when that loss is due to someone else’s negligent or reckless actions. The Columbia wrongful death attorneys at Hart Law are dedicated to helping families in South Carolina recover the compensation they deserve in these tragic situations. While no amount of compensation can make up for the loss, our team is here to support you, fight for justice, and seek financial recovery for the hardships you are facing.
If you’ve lost a loved one in a wrongful death accident, reach out for a free consultation. Call Hart Law at (803) 771-7701.
What Constitutes a Wrongful Death in Columbia, South Carolina?
In South Carolina, wrongful death claims can be filed when a person dies due to the wrongful, negligent, or intentional actions of another party. Wrongful death cases can arise from a variety of situations, including:
Car, truck, or motorcycle accidents where another driver’s negligence or reckless behavior led to a fatal collision.
Medical malpractice incidents in which a healthcare provider’s errors directly result in a preventable death.
Defective product injuries where faulty or dangerous products cause a fatal accident.
Workplace accidents where unsafe conditions or equipment malfunctions lead to a fatal injury.
Intentional acts of violence that directly led to the person’s death.
If your loved one’s death resulted from any of these situations, consulting with a wrongful death attorney can help you better understand your options and determine the best course of action.
Key Elements of a Wrongful Death Case in South Carolina
To build a wrongful death case, certain legal criteria must be met. Typically, there are three main elements in these cases:
Negligence or Intentional Misconduct: The responsible party’s actions must be deemed either negligent or intentional. For example, a distracted driver who ran a red light or a manufacturer who distributed a faulty product.
Causation: The defendant’s actions must be directly related to the victim’s death. This requires a clear connection between the responsible party’s conduct and the fatal outcome.
Resulting Damages: Survivors must demonstrate they have suffered measurable harm due to the death, which can include medical expenses, funeral costs, lost income, loss of companionship, and emotional suffering.
Proving each of these elements can be complex, requiring a thorough understanding of South Carolina’s wrongful death laws and court processes. Our Columbia wrongful death lawyers have the experience and resources to navigate these complexities and help you seek justice.
Legal Grounds for Wrongful Death Claims
Wrongful Death Due to Negligence
Negligence occurs when an individual or entity fails to exercise reasonable care, leading to harm. For instance, a business owner who neglects to repair a known hazard that results in a fatal slip-and-fall accident could be held liable for wrongful death. In these cases, the responsible party’s actions may not have been intentional but were still reckless, causing the tragic incident.
Wrongful Death Due to Intentional Misconduct
In certain wrongful death cases, the fatality results from intentional acts such as assault or homicide. These cases often coincide with criminal proceedings, but a wrongful death lawsuit focuses on securing financial compensation for the surviving family members. Even if a criminal case is in process, you can pursue a civil wrongful death claim to hold the responsible party financially accountable.
Wrongful Death Due to Defective Products (Strict Liability)
Manufacturers, distributors, and retailers have a responsibility to provide safe products to consumers. If a defect or flaw in a product causes a fatal accident, the company may be held strictly liable under product liability laws. Examples include vehicle malfunctions, unsafe medical devices, and faulty household products. In cases involving defective products, our attorneys will thoroughly investigate to uncover any and all responsible parties, helping you obtain the compensation your family deserves.
How Our Columbia Wrongful Death Attorney Can Help
Losing a loved one is heartbreaking, and no one should have to navigate the complexities of a wrongful death claim alone. At Hart Law, our attorneys are here to help you with every step, from gathering evidence to representing you in court. Here’s how we can support you:
Filing the Wrongful Death Lawsuit
Starting a wrongful death lawsuit involves specific requirements, including gathering evidence and preparing detailed documentation. Our experienced attorneys handle this process on your behalf, ensuring your claim is filed correctly and on time.
Evidence Collection and Investigation
A strong wrongful death case depends on thorough investigation and evidence gathering. Our team will conduct an independent investigation to gather police reports, witness statements, and any other available evidence. We work with forensic experts, accident reconstructionists, and other professionals to build a comprehensive case that demonstrates the true impact of the loss on your family.
Representing You in Negotiations and Litigation
Many wrongful death cases settle outside of court, but if the insurance companies or responsible parties refuse to provide fair compensation, our attorneys are prepared to take the case to trial. In court, we will present a compelling case to the judge and jury, fighting tirelessly to obtain the compensation you deserve.
Maximizing Your Settlement
Our goal is to secure the maximum possible settlement for your family. We negotiate directly with insurance companies and opposing counsel to reach a fair agreement. If a satisfactory settlement cannot be reached, we are prepared to advocate for you in court to ensure justice is served.
Compensation in South Carolina Wrongful Death Claims
After a wrongful death, surviving family members can seek two primary types of compensation:
Economic Damages
Economic damages cover specific financial losses resulting from your loved one’s death, such as:
Medical Bills: The costs of medical treatment provided before the victim’s passing.
Funeral and Burial Expenses: Necessary costs for laying your loved one to rest.
Lost Income: Compensation for the wages and benefits your loved one would have provided.
Loss of Future Earnings: Estimated financial support your loved one would have contributed over time.
Non-Economic Damages
Non-economic damages address the emotional and intangible losses experienced by surviving family members, such as:
Loss of Companionship: The loss of emotional support and companionship of a partner or parent.
Loss of Parental Guidance: Damages awarded for the loss of a parent’s guidance and support.
Pain and Suffering: The emotional anguish and grief caused by the unexpected loss of a loved one.
A Columbia wrongful death attorney can help you evaluate these damages and understand what compensation might be available for your family.
Who Can File a Wrongful Death Claim in Columbia, SC?
South Carolina law restricts who can file a wrongful death claim. Typically, the personal representative of the deceased person’s estate will file the claim on behalf of certain surviving family members. Those eligible to benefit from a wrongful death claim include:
Surviving spouse or domestic partner
Children of the deceased
Parents of the deceased (if no spouse or children exist)
Other legal heirs, as designated by South Carolina’s intestate succession laws
An attorney can help ensure that the right party files the claim and that it includes all eligible beneficiaries.
Call Our Columbia Wrongful Death Accident Lawyers for a Free Consultation
Losing a loved one is deeply painful, and the last thing you should face alone is the financial and legal burden caused by wrongful death. At Hart Law, our Columbia wrongful death accident attorneys are here to support you and pursue justice for your family. We understand the complexities of these cases and work diligently to build strong, compassionate representation.
To learn more about your legal options and discuss your case in a free consultation, contact Hart Law at (803) 771-7701 or visit our contact page.