To lose a loved one is heartbreaking. To lose someone you love through the negligence of another is even more devastating. A wrongful death claim is a lawsuit you file on behalf of a loved one who tragically died due to the wrongful actions or inactions of an individual, company, or group. If you’ve experienced the heartbreak of loss and feel your loved one deserves justice for an accident they shouldn’t have died because of, a Columbia, SC wrongful death lawyer may be able to help.
When you contact The Solomon Law Group, you’ll be able to speak to a caring, compassionate attorney who understands what you’re going through and how you may be able to obtain justice for your loved one. Death is an excruciating experience—one you shouldn’t have to suffer through while knowing your loved one’s death could have been prevented. Our South Carolina law firm is committed to making reckless, careless, or otherwise negligent people and businesses pay for their wrongdoings.
Since wrongful death claims are civil lawsuits, you can file a claim against a guilty individual or group in addition to any criminal charges which may already be pending. Depending on the nature of your case, you may be able to file suit after the death of a loved one or family member in the following circumstances:
- After a car accident, truck accident, or another type of vehicle accident caused your loved one’s death or led to injuries which resulted in death
- After your loved one was abused or neglected in a nursing home or long-term care facility
- After your loved one was a victim of a medical error or mistake and the mistake led to their death
- After a serious injury caused by using a product as intended
- After a serious injury caused by being on property that wasn’t safe for visitors yet no warnings were provided
- After a loved one was a victim of any other type of accident directly caused by negligence
Determining If You Have a Potential Wrongful Death Case
If you’re thinking about filing a claim, the first step will be to determine if you have a potential case. Wrongful death claims require thorough evidence and a great deal of investigation. After contacting a lawyer, they will consider the available evidence you may have to determine the eligibility of your case.
According to South Carolina state laws, you have a period of three years from the time of your loved one’s death and/or accident to file a wrongful death claim. This is called a statute of limitations. If you don’t file within this period, you will generally be unable to do so.
When you speak to an attorney regarding your case, you should be prepared to answer the following questions:
- Was the death of your loved one directly caused by the accident, incident, or act of negligence that occurred?
- Do you feel the accident or incident was caused by someone else’s reckless, careless, or wrongful actions? In other words, could an individual, group, or entity have prevented the accident or incident if they weren’t acting negligently?
- Have you and your family suffered financial loss after the passing away of your loved one? Does the loss directly correspond from a loss of income or emotional suffering caused by the premature death?
These questions may be difficult to answer, but they are crucial in determining the eligibility of your claim. If you can answer “Yes” to every question, it may be possible to prove your case in court.
Who Can File a Wrongful Death Lawsuit in South Carolina?
Every state has different laws concerning who may file a wrongful death claim against a guilty individual or group. In South Carolina, only the following family members may file on behalf of a deceased loved one:
- Surviving spouse
- Surviving parents
- Surviving siblings
- Any heirs named in a will or representatives of the deceased individual’s estate
A surviving spouse or any children will generally have the priority when it comes to filing a case, followed by any surviving parents or siblings. These rules may vary from case to case, however, depending on a family’s circumstances.
How Can a Columbia, SC Wrongful Death Attorney Help Me?
Wrongful death lawsuits are among the hardest type of claims to handle and they require an attorney who has extensive legal experience coupled with deep compassion for those left behind.
An experienced law firm will document the life of the person who died as the result of another’s negligence. Every minor detail of the accident or incident is important in determining the type of claim presented. Experts will calculate the loss to the family or heirs of future earnings. Medical costs, as well as funeral and administrative costs, will be included.
As the claim evolves, a good Columbia, SC wrongful death attorney will find ways to present the life of the deceased in a way that shows the victim was a real person. This takes experience, care, and concern—and can make a difference to the judge or jury who settles your case. At The Solomon Law Group, we don’t treat you and your family like you’re a number. We know your loved one deserved better.
Filing a wrongful death lawsuit can grant you and your family compensation, often referred to damages, that can be used to pay for funeral and burial expenses, medical expenses for your loved one’s final care, lost wages, financial losses related to the death, pain and suffering costs, and the approximate costs of losing your loved one’s experience, knowledge, care, companionship, and protection. This compensation won’t bring back your loved one, but it may help ease the healing and grieving process.
If a loved one has died because of the actions or inactions of an individual or business, call The Solomon Law Group at 1-877-323-3120 or complete our online form. Get in touch as soon as possible. You deserve to move forward. We can help.