Our Attorney Helps Families Pursue Wrongful Death Claims
When a sudden death occurs in the family, survivors experience an entire range of emotions. If the life was lost due to the negligence or intentional acts of others, the grief is compounded by knowing the loss of life didn’t have to happen.
The John Price Law Firm, LLC, represents clients in coastal South Carolina who have made the tough decision to file a wrongful death lawsuit. Our wrongful death personal injury attorneys understand that you don’t want to cheapen the person’s life by putting a dollar value on a claim. But the truth is, there is a tangible loss in terms of replacing the person’s income and replacing the companionship and family contributions that person provided.
Contact Our Attorneys When Ready
When your family is ready after grieving the loved one you lost, we can help explore a claim for wrongful death compensation. We offer a free evaluation to determine the claim’s merits and advise the surviving family on how to proceed. There may be a liability, or there may not be a viable case. If there is a wrongful death case, we want to be sure the family is committed to pursuing justice.
Experienced in Wrongful Death Compensation
There is a lot of similarity between a wrongful death lawsuit and a personal injury lawsuit. In each instance, there needs to be sufficient proof showing negligence on the part of the defendant. Nevertheless, a wrongful death has a lot of specifics, as it is important to ascertain how the person died. This is part of the civil case filed against a defendant which intends to benefit the surviving family of the deceased. It is important to note that a wrongful death is not a criminal case.
However, it is of the utmost importance that surviving family members be compensated. Loved ones could be faced with a heavy financial burden, and that could be allayed with the help of one of our wrongful death attorneys with experience in helping clients through wrongful death claims. Compensation in a wrongful death claim can take care of several expenses, which include the following:
- Burial and funeral costs
- Medical treatment costs incurred by the deceased victim as a result of their injury prior to their death
- Fees pertaining to settling the decedent’s estate
- Loss of income and financial support
- Companionship loss
- Pre-death Pain and suffering experienced by the deceased
- Loss of inheritance due to the death of a loved one
- Value of any services that would’ve been provided by the deceased
- Loss of guidance, care, and nurturing that would’ve been provided by the deceased
It may seem difficult to come up with a figure that equates a sufficient amount for the loss of companionship or the pain and suffering in a wrongful death. The passing of a loved one can be difficult to overcome. However, compensation in a wrongful death typically applies to a spouse or surviving children when it comes to additional compensation, such as loss of companionship or financial support. Moreover, loss of companionship can also equate to a loss of quality of life. This demands compensation as it severely impacts the lives of surviving loved ones.
What Needs to be Proven?
In a wrongful death claim, to be able to hold a defendant liable, the plaintiffs must come up with the burden of proof That would’ve been required of the victim had they lived. If, for example, negligence is to be shown, the victim’s family must prove that the defendant was negligent in their duty of care to the victim in a way that directly caused the victim’s death.
Who Can File a Wrongful Death Claim?
In South Carolina, only the person appointed as the personal representative of the deceased’s estate can file. If no such role was assigned before the loved one died, the probate court will determine and appoint the personal representative. If damages are awarded, they will then be distributed among the family members, such as the deceased’s spouse, parents, or children.
Statute of Limitations to File a Wrongful Death Claim
It should be noted that initial attempts will be made to arrive at a settlement in a wrongful death case. An attorney will look to settle the claim long before it has to go through litigation. But if the defendant winds up disputing liability, then it may be time to file a lawsuit. The lawsuit must be filed in South Carolina within three years of the incident. The statute of limitations falls to two years when the claim is filed against a government agency. In any instance, getting started on your claim sooner rather than later is better, as it can only help your cause.
How to Proceed in a Wrongful Death?
Families are faced with an overwhelming number of responsibilities when a loved one suffers a wrongful death. The first step is to consult an attorney who can take the burden off you and allow you to grieve and attend to your own family. An attorney will handle all the details of your wrongful death and advise you on the best ways to proceed. At the John Price Law Firm, we will provide an attorney who is knowledgeable, experienced, and sympathetic to your situation.
We are here to answer any questions you may have and will also be there to provide legal advice as you go through this process. A wrongful death should not be handled without an attorney, as there is a lot that could go wrong without the assistance of a trained professional. The John Price Law Firm wants to give you peace of mind and help you get the compensation your family deserves.
Locations for Wrongful Death Services
The John Price Law Firm, LLC has three main offices in North Charleston, Summerville, and Myrtle Beach. Our lawyers can meet with family members at any location, including evenings and weekends, by appointment.
John Price and his associate attorneys offer nearly 100 years of combined experience in personal injury litigation. Wrongful death claims arise from all types of personal injury:
- Auto accidents
- Auto-pedestrian accidents
- Medical negligence deaths
- Trucking accidents
- Work-related fatalities
- School bus accidents
Wrongful Death in Medical Malpractice Cases
A wrongful death action may be possible if a doctor misdiagnoses a condition or is shown to be so careless in their level of care that the patient dies as a result. Medical malpractice cases can be difficult to prove and often hinge on two questions: what is the appropriate medical standard of care adhered to in the situation? Did the defendant adhere to that standard of care or deviate from it? Sometimes, it can be determined that a doctor’s actions were reckless. For instance, if a doctor performed surgery while under the influence of alcohol or drugs, this would likely be considered acting recklessly.
How a Seasoned Personal Injury Lawyer Can Help
Wrongful death claims are among the most challenging civil cases, but they are also some of the most important. You’ve lost a family member as a result of another person or entity’s negligence, and while nothing can return them to you, obtaining the compensation to which you’re entitled can pave a smoother path forward on your journey toward recovery.
Wrongful death claims are legally complicated, and yours will be unique to the specific circumstances involved. Having skilled legal counsel in your corner from the start can make a big difference in the outcome of your claim, and your dedicated wrongful death lawyer will ably handle each of the following important tasks in focused pursuit of your rightful compensation:
- Gathering the evidence necessary to build a strong claim that the involved insurance company will have a difficult time refuting
- Guiding you seamlessly through the legal process while helping you avoid common claim-damaging mistakes
- Ably communicating with the involved insurance company on your behalf and knowledgeably negotiating a settlement that effectively addresses all your covered losses
- Being well prepared to take your case to trial if the insurance company isn’t interested in fair negotiations
Losing a loved one to someone else’s negligence is as stressful as it is painful, and attempting to tackle the wrongful death claims process on your own leaves you far more vulnerable to compensation that is less than fair.
FAQs
Will my case go to trial?
Most wrongful death claims are settled out of court, and yours is likely to also settle. If the insurance company won’t agree to a settlement that fairly covers your losses, your lawyer will advise you to move forward with a wrongful death lawsuit.
Can’t I expect the insurance company to settle fairly?
The insurance company is in the business of making money, and they will do what they can to resolve your claim for as little as possible. Without professional legal representation, you could walk away with far less than the amount you deserve.
How long do I have to file a wrongful death lawsuit?
You have only two years from the date of your loved one’s death to file a wrongful death lawsuit, which makes reaching out to an accomplished wrongful death attorney sooner rather than later in your best interest.
Consult with an Experienced Charleston Wrongful Death Lawyer
Losing a family member to someone else’s wrongdoing leaves you in the very challenging position of shouldering immense grief while facing attendant financial losses that can be very difficult to overcome. The compassionate wrongful death attorneys at John Price Law Firm appreciate the challenges you’re experiencing. They are committed to fiercely advocating for compensation that adequately addresses your full range of physical, financial, and emotional losses. Your claim is important to your future, and our dedicated legal team is standing by to help – so please don’t wait to contact us online or call 843-552-6011 to arrange your free consultation today. We’re on your side, and we appreciate the opportunity to help.