Our Attorney Helps Families Pursue Wrongful Death Claims
When a sudden death occurs in the family, survivors experience the 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 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, the John Price Law Firm, LLC can help explore a claim for wrongful death compensation. We offer a free evaluation to determine the merits of the claim and advise the surviving family on how to proceed. There may be 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 a sufficient amount of 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 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, although 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, in order 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 Is Able To File A Wrongful Death Claim?
In the state of South Carolina only the person who has been appointed as the personal representative of the deceased’s estate can file. If no such role has been assigned before the loved one died, the probate court will determine and appoint the personal representative to the estate. 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. In South Carolina, the lawsuit must be filed within three years of the incident. In instances where the claim is filed against a government agency, the statute of limitations falls to two years. In any instance, it is better to get started on your claim sooner rather than later 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 we 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 get the compensation your family deserves.
Convenient 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 of these locations, 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
A wrongful death action may be possible if a doctor misdiagnosed a condition or was 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? In some cases 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.
Contact our South Carolina wrongful death attorneys to arrange your free consultation. We want to help. Let us help.