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Bishopville, SC Wrongful Death Lawyer
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    Bishopville, SC Wrongful Death Lawyer

    If someone in your family recently passed away in an accident or because of someone else’s negligence, you can sue those responsible. Wrongful death claims may be worth substantial compensation, and you should contact a lawyer as soon as possible.

    Wrongful death claims may be worth more compensation than you realize. Surviving family members may claim extensive damages for lost financial support and services, pain and suffering, grief and emotional distress, and funeral and burial costs, among others. With so much at stake, you should get help from a lawyer right away. The sooner you begin your case, the more time your attorney has to gather evidence and develop effective legal strategies.

    Get a free, confidential case assessment from our wrongful death lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    What Damages Are Available in Wrongful Death Cases?

    Wrongful death claims often involve significant claims for damages. Courts tend to be more willing to award larger damages because death is extremely painful for surviving families and permanent.

    Lost Financial Support

    You may claim damages for the lost financial income and support from the victim. You may also claim the costs of lost services that the victim provided. For example, if the deceased person helped you with child care or was a caregiver for someone in your family, those services now must be provided by someone else at great cost.

    Funeral and Burial Costs

    After a family member passes away, there are usually funeral and burial costs to contend with. Unfortunately, the cost of a funeral and burial today is incredibly high, and many people spend thousands on a funeral service and burial plot. You should claim these costs among your damages in your wrongful death case.

    Loss of Consortium

    In South Carolina, a legal spouse may claim damages for the loss of consortium in a wrongful death case for the loss of their spouse. This claim tends to encompass the loss of intimacy, affection, and marital relations after a person passes away.

    Grief and Emotional Suffering

    Many families experience intense grief and emotional suffering as they cope with their grievous loss and figure out how to pick up the pieces of their lives. While damages for grief and emotional suffering are highly subjective, they may be worth a considerable amount of compensation.

    Exemplary Damages

    Depending on the defendant’s behavior, you may claim exemplary damages. These are awarded to punish the defendant for especially outrageous or shocking behavior and hopefully deter future bad actions. These damages can be very difficult to prove, so they are rarely awarded. However, when they are awarded, they can be significant.

    Who Can File a Wrongful Death Lawsuit in Bishopville, SC?

    Only certain people in the deceased person’s life before they passed away may be eligible to file a case or benefit from an award for damages.

    Personal Representative

    The deceased person’s personal representative has the authority to file a wrongful death lawsuit. A personal representative is someone often named in the deceased person’s will or other end-of-life paperwork, and they oversee the victim’s legal affairs and estate, if any. A family member may be named as the personal representative or even the victim’s attorney.

    What if There is No Eligible Person?

    If no one is eligible to file a lawsuit, our wrongful death lawyer can help you appoint a personal representative for the case. We can go to court and ask that someone be appointed as the deceased person’s personal representative to file the case. This sometimes happens in cases where a deceased person did not have a will or other end-of-life affairs in order when they died.

    Beneficiaries

    While immediate family members might not be able to file the case themselves, they may be named as beneficiaries. For example, the deceased person’s child might not be able to file the case on their own, but they should be included as a beneficiary if damages are awarded.

    Under South Carolina law, beneficiaries of a wrongful death lawsuit include surviving spouses and children. If no such people exist, the deceased person’s parents may be named as beneficiaries. If the parents are not here, the deceased person’s heirs, or whoever is named in their will, may be named as beneficiaries.

    What Evidence Should You Look for to Support Your Wrongful Death Claims?

    Evidence may be unique in each case, and the evidence we need for your case will depend on the cause of your loved one’s death.

    Medical Records

    Your loved one’s medical records are likely imperative to your claims. The defendant may argue that other medical conditions are the real cause of death, and we need to review your loved one’s medical records to prove otherwise.

    We may also need a medical expert to review these records and testify as to whether preexisting conditions may have played a role in the victim’s passing. While medical records may be needed in most wrongful death cases, they can be especially crucial in cases involving medical negligence.

    Autopsy Reports

    You may request that an autopsy be performed after your loved one passes away. The autopsy can confirm a cause of death, and medical examiners may be able to testify about their findings in court. In many cases, a medical examiner may testify as to the precise cause of death and whether the defendant caused or contributed to it.

    Witness Testimony

    People who were present when your loved one was fatally injured, if any, should testify in the case. They may explain what they saw and how the defendant contributed to the accident. The more witnesses we can call upon, the better.

    Police Reports

    The police may have investigated your loved one’s passing, especially if it happened because of a terrible accident. While police reports are inadmissible as evidence because they violate the rule against hearsay, the reports may still be used to guide us to evidence the police uncovered.

    Who Can You Sue for Wrongful Death?

    You may sue the person directly responsible for your loved one’s death, their employer, and various other people or entities involved in the case. For example, if your loved one was fatally injured in a truck accident, you may sue the truck driver and the trucking company. Similarly, if your case involves medical negligence, you may sue the negligent doctor and the hospital.

    When Must Someone File a Wrongful Death Lawsuit?

    In South Carolina, plaintiffs must file wrongful death claims no later than 3 years from the date of the victim’s death. Remember, this time does not begin on the date the victim was first injured, but on the date they passed away, which might be later.

    Contact Our Wrongful Death Lawyers in Bishopville, SC to Discuss Your Claims

    Get a free, confidential case assessment from our wrongful death lawyers by calling 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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