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Darlington, SC Wrongful Death Lawyer
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    Darlington, SC Wrongful Death Lawyer

    The loss of a loved one can be incredibly painful, and you might be trying to pick up the pieces of your own life while also trying to get justice for your loved one. Depending on the circumstances of your loved one’s passing, our legal team can help you sue for wrongful death and get financial compensation.

    Only people immediately related to a deceased person may benefit from a wrongful death lawsuit, and a personal representative of the deceased person must file the case in court. We need evidence of how your loved one passed, who is responsible, and what damages your family suffered as a result. You and your family may recover various economic damages, non-economic damages for distress and suffering, and even exemplary or punitive damages in some cases.

    Start your case with a free, private legal review by calling our wrongful death lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    What Do You Need to File a Wrongful Death Lawsuit in Darlington, SC?

    Not every death is grounds for a wrongful death case. Before our wrongful death lawyers file a lawsuit for you, we need to determine if certain facts and evidence exist that would warrant a lawsuit.

    Loss of a Family Member

    First, you must have lost an immediate family member to file a wrongful death lawsuit. Under South Carolina law, when a person passes away under wrongful circumstances, their spouse and children may benefit. If there is no spouse or children, then the deceased person’s parents may benefit. If there are no surviving parents, then the deceased person’s heirs may benefit.

    Generally, people cannot file wrongful death lawsuits for the loss of a personal yet unrelated friend, no matter how close they were. Even so, if a close friend passed away with no living relatives, you should still talk to a lawyer about how to initiate a wrongful death case.

    The Deceased’s Personal Representative

    While family members are typically the beneficiaries of a wrongful death lawsuit in South Carolina, the deceased person’s personal representative is the one who files the case.

    The personal representative is the person appointed to legally represent the deceased person and their estate. This person is often named in the deceased’s final affairs, such as a will, and is often a family member.

    If there is no one identified as the personal representative, you may petition the court to be appointed for the purpose of filing a wrongful death lawsuit.

    Evidence of the Defendant’s Wrongful Actions

    Next, we must gather some evidence of the defendant’s wrongful action. A wrongful death may occur under various circumstances, and the defendant does not have to act illegally or commit a crime to be held responsible.

    Many wrongful death cases stem from unfortunate accidents, like car crashes or illness caused by accidental exposure to toxic materials. While the defendant might not be criminally charged, their actions may still be considered wrongful, and they can be held civilly liable.

    An Experienced Attorney

    Contact an experienced lawyer for help as soon as possible. Dealing with complex legal procedures while mourning the loss of your family member might be more than you can handle. Let a skilled lawyer handle your lawsuit while you and your family process your grievous loss.

    What Damages Can You Claim in a Wrongful Death Case?

    It might seem a bit callous to put a price tag on your loved one’s life, but financial compensation is the primary method that courts use to resolve legal disputes like this.

    Your Pecuniary Losses

    You may recover damages related to pecuniary losses, which are all the ways in which your loved one’s death costs you money. Pecuniary losses commonly include, but are not limited to, funeral and burial costs, the loss of your loved one’s financial support and income, and any medical expenses you may have had to pay.

    Distress and Suffering

    Non-economic damages in wrongful death cases often revolve around the distress and suffering a family endures after losing a loved one.

    Specific non-economic damages include, but are not limited to, emotional distress, the loss of consortium, and the loss of parental guidance and affection.

    Non-economic damages in a wrongful death lawsuit can be quite substantial. Courts usually know that money cannot adequately compensate for such a severe loss, so higher damages tend to be awarded.

    Exemplary Damages

    Exemplary damages, also called punitive damages, are awarded to punish defendants. These damages can be substantial, but they are not always available.

    Punitive damages will only be considered if we specifically ask for them in your initial complaint. The court will decide if such damages are to be awarded in a bifurcated trial.

    In the first phase, the court must determine the amount of compensatory damages, which include economic and non-economic damages.

    In the second phase, the jury may determine if the defendant is liable for punitive damages and, if so, the value of those damages. Punitive damages may be awarded only if plaintiffs can prove by clear and convincing evidence that the wrongful death is the direct result of the defendant’s reckless, wanton, or willful conduct.

    The Deceased Person’s Damages

    When filing a wrongful death case, plaintiffs often also file survival actions. While a wrongful death claim is about the damages you and your family incurred, a survival action is about the damages your deceased loved one incurred because of their injuries before ultimately passing away.

    FAQs About Wrongful Death Claims in Darlington, SC

    Who May File a Wrongful Death Lawsuit in Darlington, SC?

    Generally, the deceased person’s personal representative files the lawsuit. The personal representative may be named in the deceased’s will or other final affairs, and is often a close family member, like a spouse. Immediate family members may be beneficiaries of the lawsuit.

    Are Wrongful Death Cases Worth a Lot of Money?

    Wrongful death cases are often worth a substantial amount of compensation. Most people agree that no amount of money is worth the life of a family member, but money is often the only way courts can compensate plaintiffs for their losses. As such, judges and juries are often more willing to award larger damages in wrongful death cases.

    Can You File a Wrongful Death Case if You Are Not Related to the Deceased Person?

    Typically, wrongful death cases are filed by a deceased person’s personal representative, which may be a family member, friend, or even a lawyer named in their will. If you are not related to the deceased person but are their personal representative, you may file the lawsuit, but you might not necessarily be included as a beneficiary, as these are usually immediate family members.

    How Long Do You Have to Sue for Wrongful Death After Losing a Family Member?

    Under South Carolina law, plaintiffs have 3 years from the date of their loved one’s death to file a wrongful death case. It is important to note that your loved one might be injured in an accident but not pass away for several days or weeks. Your limitation period runs from the date of death, not necessarily the date of the accident.

    Ask Our Wrongful Death Lawyers in Darlington, SC for Legal Help Now

    Start your case with a free, private legal review by calling our wrongful death lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

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    Results

    $11 Million
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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