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Hartsville, SC Wrongful Death Lawyer
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    Hartsville, SC Wrongful Death Lawyer

    Fatal injuries due to negligence are unfortunately common, and survivors of victims should know what to do in the event of an unexpected and avoidable death to get justice for a deceased loved one.

    Wrongful death lawsuits arise out of deaths due to negligence, recklessness, or intentional misconduct. Only the victim’s executor of their estate, also known as their personal representative, can file a lawsuit. Typically, the victim’s surviving spouse and children recover damages, though other family members may recover if there is no surviving spouse or children. Anticipate only having 3 years from the victim’s death to bring your lawsuit, so that you do not miss your window of opportunity to file.

    Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for your free case review from our wrongful death lawyers.

    What Do You Need to Know About South Carolina’s Wrongful Death Statute?

    After a loved one’s death, you need to know whether you have a cause of action for a wrongful death lawsuit, if you are qualified to file the lawsuit yourself or recover damages, what the statute of limitations is, and what compensation is available.

    Cause of Action

    If a victim would have been able to file a personal injury lawsuit if they had survived their injuries, there is cause for survivors to pursue a wrongful death case. The party who would be liable in a personal injury case would also be liable in a wrongful death case.

    Deaths due to negligent, reckless, or intentional misconduct may warrant wrongful death claims. You may have a cause of action, even if a death seems entirely accidental at first.

    Who Can File

    Filing a wrongful death lawsuit is reserved for the executor of the victim’s estate. If the victim did not name an executor before their death, the court may appoint one. An executor is a fiduciary with a legal duty to administer the decedent’s estate. They are often a close, trusted individual to the victim, but need not be a relative or a beneficiary entitled to recover in the case.

    Who Can Recover

    The first tier of beneficiaries in wrongful death cases includes the victim’s living spouse and children. If the victim did not leave a surviving spouse or children, their parents may recover. If there are no surviving parents, damages go to any remaining heirs.

    The executor who filed the lawsuit may only recover damages if they are an eligible beneficiary.

    Statute of Limitations

    There is only a short period after a victim’s death when their executor can file a wrongful death lawsuit. In most instances, the deadline is 3 years from the date of the victim’s death. Not all wrongful deaths are immediately identified as such, and delayed discovery of the cause of death or the defendant’s negligence could delay the statute of limitations.

    Recoverable Damages

    South Carolina lets beneficiaries recover economic and non-economic losses for a loved one’s wrongful death. Exemplary damages may also be available for deaths resulting from recklessness, willfulness, or malice and would be paid in addition to any compensatory damages.

    Funeral and burial expenses, loss of financial support, loss of consortium, loss of parental guidance, grief, and pain and suffering are all recoverable damages in South Carolina wrongful death lawsuits.

    What Does it Take to Prove a Wrongful Death Case in Hartsville, SC?

    It takes our attorneys proving all 4 essential elements to win wrongful death claims for beneficiaries in South Carolina.

    Duty of Care

    To prove a wrongful death case, we must establish that the defendant owed the deceased a duty of care at the time of their death. If one party owes another a duty of care, they must use reasonable caution and act with the other party’s safety in mind so as not to injure them.

    Duty Breach

    Next, our wrongful death lawyers must prove that the defendant breached the duty of care they owed the victim through negligence or recklessness. Someone is negligent when they do something outside their duty of care and fail to consider others’ safety.

    Causation

    The third step is proving that the breach of duty is the direct cause of the victim’s death and not just coincidental. Eyewitness testimony and surveillance footage are especially useful in proving causation.

    Damages

    Finally, we must prove the damages you and other survivors have incurred since your loved one’s untimely and unexpected death. Income records, funeral invoices, and testimonial evidence help us prove damages in wrongful death cases.

    What Are the Top Causes of Wrongful Deaths in Hartsville, SC?

    Motor vehicle accidents, defective products, and negligent property maintenance are among the top causes of wrongful deaths.

    What is the Difference Between a Wrongful Death Case and a Survival Action?

    A wrongful death case compensates survivors for their losses, while a survival action can compensate survivors for the decedent’s losses from an injury before they died. You may be able to bring both a wrongful death case and a survival action in South Carolina.

    Do Wrongful Death Plaintiffs Always Recover Damages in South Carolina?

    Wrongful death plaintiffs do not always recover damages, as executors who file lawsuits are not always also eligible beneficiaries, such as a victim’s surviving spouse or children.

    Does South Carolina Cap Wrongful Death Damages?

    South Carolina imposes no statutory caps on compensatory damages in wrongful death claims. There is a cap of $500,000, or 3 times the compensatory damages awarded, on punitive damages. However, there are exceptions for deaths involving felony convictions, intentional harm, and drug or alcohol use.

    What Are Common Mistakes Made During Wrongful Death Cases?

    Common mistakes made during wrongful death cases include missing South Carolina’s statute of limitations, failing to preserve relevant evidence, delaying identifying the victim’s executor to bring the claim, and accepting early settlement offers.

    Trust Us with Your Hartsville, SC Wrongful Death Case

    Call us today at (803) 451-4000 for help with your case from Burriss Ridgeway Injury Lawyers’ wrongful death lawyers.

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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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