South Carolina law allows surviving families to recover compensation for the financial and emotional consequences of losing a loved one due to someone else’s negligence or ill intention. At Savage, Royall & Sheheen, LLP, our wrongful death lawyers in Camden, SC, will review the details of your case and advise you through the legal process. We understand the devastation these cases can cause and will fight to give you every opportunity to grieve your loved one without unnecessary financial strain.
Why Hire Our Wrongful Death Lawyers in Camden, SC?
Hiring a wrongful death attorney for your case is essential for several reasons:
- We understand the laws governing wrongful death cases in the state, ensuring you receive proper representation in these complex cases.
- We guide families through the emotionally taxing legal process, handling proceedings and providing support.
- We compile and present evidence to establish negligence or fault, a cornerstone of a successful claim.
- We negotiate effectively with insurance companies, ensuring they do not violate your rights or undervalue your claim.
- We bring an objective perspective to cases often clouded by emotional distress, aiding in informed decision-making and effective strategizing.
Our role as your legal team is to remove all the burdens associated with building a solid case for compensation, handle all legal administrative work and advise you on when to settle and when to fight for better compensation. We will also assess the details of your loved one’s death to ensure you have a strong claim.
How Do You Know If You Have a Wrongful Death Case?
To determine if you have a wrongful death claim, consider the key factors needed to prove it. Do you have official documentation, such as a death certificate? Is there evidence that the death resulted from someone’s negligence, recklessness or deliberate act? Is there a direct link between the responsible party’s actions and your loved one’s death? Finally, did you suffer demonstrable financial harm due to your family member’s death?
These elements help establish a wrongful death claim. However, without legal expertise, you may miss crucial elements that can prove negligence. Working with our wrongful death lawyers in Camden, SC, ensures you can identify all existing evidence and establish your right to compensation.
Eligibility to file a wrongful death claim in South Carolina
Many states allow family members of the deceased to file a wrongful death lawsuit directly. However, South Carolina law limits the ability to file to an executor or administrator of your loved one’s estate. This is often a family member named as the executor in their will. However, without a will or estate plan, the court can assign someone to represent the estate and the surviving family’s interest in court.
While the executor is responsible for filing the wrongful death claim, any damages awarded during the case will go to the following surviving family members:
- The surviving spouse and children of the deceased
- The surviving parents, if they do not have a spouse or children
- The heirs of their estate if they have no surviving parents, spouse or children
Our legal team of Camden personal injury lawyers will work with your loved one’s estate executor to fight for your right to fast and fair compensation.
Types of Wrongful Death Lawsuits We Handle
A wrongful death claim can stem from any accident that would otherwise constitute a personal injury claim if the victims survived. Types of cases our wrongful death lawyers in Camden, SC, handle include:
- Medical malpractice:Â When a death occurs due to medical errors, such as misdiagnosis, surgical mistakes or improper treatment
- Car accidents:Â Cases involving negligent drivers, trucking companies or auto manufacturers
- Workplace accidents:Â Deaths occurring in the workplace due to unsafe conditions or lack of safety protocols
- Criminal actions:Â Including intentional acts like murder or manslaughter
- Nursing home abuse or neglect:Â Where elder abuse or neglect in a care facility leads to death
Other cases that may lead to wrongful death include product or premises liability. Product liability refers to harm caused by a defective or unsafe product. Manufacturers are liable for damages resulting from products causing injury or death. Premises liability refers to harm caused by a hazardous condition on someone else’s property, such as a slip and fall accident. In these cases, the property owner could be liable for damages.
What Damages Can You Recover From a Wrongful Death Claim?
South Carolina law refers to your losses in any personal injury claim as compensatory damages. These cover both the economic and the non-economic impact of your case.
Economic damages
The financial losses associated with losing your loved one make up for your economic damages. These often include:
- The costs of medical expenses the deceased incurred before their death and after the incident
- Expenses related to funeral services and burial or cremation
- The deceased’s expected earnings, including future wages, bonuses and benefits, had they lived
- The potential savings and inheritance you would receive if the deceased were still alive
- The monetary value of the services the deceased would have provided, such as childcare and household maintenance
These damages aim to compensate the family for the financial support and services they lost with the deceased. Proving these losses can be tedious, but our legal team will handle it for you.
Non-economic damages
South Carolina wrongful death laws also recognize the psychological impact of losing a loved one to someone else’s negligence. While the civil system cannot replace your loss, it can require the at-fault party to pay compensation for the following:
- Mental anguish and emotional distress
- Loss of companionship or consortium
- Loss of guidance and nurturing your loved one provided
- Loss of enjoyment of life
These damages are subjective and vary greatly depending on the individual circumstances. We can help you assess those available in your case.
How to Contact Our Wrongful Death Lawyers in Camden
In the aftermath of losing someone you love suddenly and devastatingly, you may find it challenging to hold the at-fault party legally and financially liable for the resulting damages. Our wrongful death lawyers in Camden, SC, will walk you through the process with compassion and professional understanding. You do not have to face this alone. Contact Savage, Royall & Sheheen, LLP, to schedule a consultation and take the first steps toward finding peace after a tragedy.