Get a Free Case Review -  (803) 471-4188
Free Consultation:
(803) 451-4000
Close
Dentsville, SC Wrongful Death Lawyer
Table of Contents

    Dentsville, SC Wrongful Death Lawyer

    Accidents happen all the time, and some accidents are fatal. While losing a loved one in an accident can be hard, you may be entitled to fair compensation. If your loved one passed away under wrongful conditions or circumstances, the person responsible should be held accountable.

    Your first step in your wrongful death lawsuit is to hire an experienced attorney. Your lawyer can help you determine if you are even eligible to file the case. In South Carolina, only an administrator, executor, or personal representative of the deceased person may file the case, and only certain immediate family members may recover damages. Your attorney should also help you assess the damages available, such as lost financial support, loss of services, grief, sorrow, and emotional distress.

    Begin your case with a free legal review of your claims by calling our wrongful death attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    How Do I Begin a Wrongful Death Lawsuit in Dentsville, SC?

    Starting your lawsuit may be more challenging than you anticipate, and you should get help from a qualified lawyer as soon as possible.

    Determine if You Are Eligible to File

    You must determine whether you can even file a wrongful death case in the first place. While surviving family members are often heavily involved, not everyone is eligible to file the case. In South Carolina, only the executor, administrator, or personal representative of the deceased person may file a wrongful death case. This person may be designated by the deceased person in their will. If no such person is designated, or there is no will, you may petition the court to be appointed the personal representative.

    Assess Your Damages with a Lawyer

    Next, you must review your available damages with a lawyer. While you might have certain damages in mind when you begin, such as damages for your loved one’s lost financial support and your family’s grief, there may be more that you are overlooking. Your attorney can help you determine the full extent of available damages and maximize your compensation.

    Gather Evidence

    We need evidence to prove your claims in court. Wrongful death claims are very serious, and courts often want strong evidence showing that the defendant is directly responsible for your loved one’s passing. Your loved one’s medical records may be necessary to establish a cause of death. If they were injured in an accident, evidence from the accident, like witness testimony, photos, and security footage, may be introduced.

    FAQs About Wrongful Death Claims in Dentsville, SC

    What Kind of Death is a Wrongful Death?

    A wrongful death is one that occurs under negligent or wrongful circumstances. Wrongful conditions do not necessarily have to be criminal, but they can be. Negligence often plays a large role in wrongful death claims. On the other hand, intentional acts of harm are also considered wrongful.

    Who Can Sue for Wrongful Death in Dentsville, SC?

    You may sue the person, people, or entities you believe are directly responsible for your loved one’s passing. This might include only one person, such as a negligent driver after a car accident. It could involve multiple defendants or an institution, such as a hospital, in a wrongful death case related to medical negligence.

    What Damages Should I Claim in a Wrongful Death Case?

    You may claim a wide variety of damages related to the financial costs of your loved one’s passing and your family’s grief and emotional distress. For example, you may claim the value of your loved one’s income and financial support, the cost of replacing services they provided (e.g., childcare, caregiving), and the cost of a funeral and burial. Damages for pain, grief, and distress are more subjective but may be equally, if not more, substantial than economic damages.

    Can I Claim Damages for Everything My Loved One Went Through Before They Died?

    While a wrongful death case revolves around damages experienced by the surviving family of a deceased person, a survival action is based on the damages incurred by the deceased person after they were injured and before passing away. This can include medical bills, damaged property, pain, and suffering.

    Do I Need a Lawyer to Help Me File a Wrongful Death Lawsuit?

    Yes. The legal process can be highly complex, and you might be unprepared to prepare a lawsuit and navigate complex legal procedures while mourning your family member. Your attorney can prepare the case while you and your family grieve, and they can handle all communications with the defendant and the court.

    How Valuable is Financial Compensation in a Wrongful Death Lawsuit?

    Compensation in a wrongful death lawsuit is often quite significant. While we can add up all the money your family has lost or spent because of your loved one’s fatal accident, courts understand that no amount of money is truly enough to compensate for the death of a family member. As such, non-economic damages for things like grief are often very high.

    How Do I Prove That the Defendant is Responsible for My Loved One’s Death?

    We need proof that your loved one’s accident and fatal injuries are the direct result of some wrongful behavior on the part of the defendant. Many cases involve acts of negligence, and we need to prove that the negligent actions of the defendant caused your loved one’s death. The exact evidence we need will depend on the circumstances surrounding your loved one’s death.

    When Can I Begin a Wrongful Death Lawsuit in Dentsville, SC?

    A wrongful death lawsuit must be filed no later than 3 years after the victim’s death. Remember, this limitation period does not necessarily begin on the date of your loved one’s initial injuries. Many victims are injured but survive for days, weeks, or even months before they finally succumb to their injuries.

    Who May Receive Damages in a Wrongful Death Case?

    The beneficiaries of a wrongful death lawsuit include the victim’s spouse or children. If the victim had no spouse or children, their parents may be awarded damages. If their parents are gone, then the victim’s heirs may be awarded damages.

    Can I Get a Settlement in a Wrongful Death Case?

    Yes. A settlement may be possible, but it might not account for the full extent of your damages. In many cases, plaintiffs must compromise on damages when they negotiate a settlement, and defendants often want to pay as little as possible. It may be a better idea to take your case to a trial where a jury may award you the full extent of your damages.

    Ask Our Wrongful Death Attorneys in Dentsville, SC for Legal Help Right Away

    Begin your case with a free legal review of your claims by calling our wrongful death attorneys at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    Resources

    Get a Free Consultation

    Results

    $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.
    Read More

    Resources

    Recent Posts

    Client Reviews