Kingstree Wrongful Death Lawyer

Kingstree Wrongful Death Attorney

If you or someone you know has lost a loved one to an accident, you may want to speak with a Kingstree wrongful death lawyer. Losing a loved one is an extremely difficult situation. It is important to allow proper time for grieving. It is also important to consider taking legal action against the party responsible for the accident. Many fatal accidents occur because of the negligence of another person, and this person should be held liable for their actions.

Damages You Could Recover

The surviving family members can file a wrongful death claim on behalf of their deceased loved one in pursuit of personal injury compensation. Damages that can be compensated are broken into three main categories.

Economic Damages

Economic damages are those that have a verifiable financial value. These include:

• Lost wages
• Medical expenses
• Funeral and burial costs
• Loss of benefits

Non-Economic Damages

Non-economic damages include those without a clear monetary value. These are subjective damages that can include:

• Pain and suffering
• Mental anguish
• Loss of companionship
• Loss of the deceased’s care and compassion

Punitive Damages

Punitive damages could also be awarded. These damages are rare, but they could be issued by the judge. They are not used to necessarily compensate the surviving family but are more of a way to punish the guilty party for their actions. They’re used as a means to discourage future parties from engaging in similar behaviors.

Those Who May File a Wrongful Death Claim

In South Carolina, a wrongful death claim could be filed by the surviving family members of the deceased or the executor of the estate. Executors are usually named in wills, and if the deceased died without a will in place, the courts may elect one. While the executor may file a wrongful death claim, the settlement money will be paid out to the surviving family members. Surviving family members can include:

• Spouses
• Children
• Parents
• Heirs

Proving Negligence

In most wrongful death claims, the death was caused by the defendant’s negligence. However, this must be proven. To prove negligence, four steps are necessary:

• The first step is to prove that the defendant had a duty to the deceased. For example, a driver on the road has a duty to maintain a reasonable amount of care for other drivers and passengers on the road.
• Breach of duty. It must be proven that the defendant failed to uphold their duty to the deceased. This can be caused by displaying negligent or reckless behavior.
• Next, it must be proven that the accident led to the death of the deceased.
• Finally, you must prove that the negligent or reckless actions specifically caused the death.

FAQs

Q: Is Wrongful Death the Same as Negligence?

A: Wrongful death is not the same as negligence. Many wrongful deaths happen because of negligence. For example, if someone was driving distracted and caused a fatal accident, they displayed negligence and should be held accountable. They could be liable for paying damages to the surviving family members. However, this is just one form of personal injury that can result in a wrongful death.

Q: What Is a Wrongful Death?

A: A wrongful death can happen any time someone causes an accident that leads to the unexpected death of another person. A wrongful death claim may be filed against the responsible individual or entity.

Auto accidents, work accidents, or medical malpractice could lead to a wrongful death. Drivers, property owners, or medical professionals, among others, who display negligence resulting in a wrongful death could be held accountable for their actions. An attorney can help you pursue litigation against these negligent individuals on behalf of your lost loved one.

Q: What Is an Example of a Wrongful Death Claim?

A: An example of a wrongful death claim could be a defective product. Defective products could be toxic foods, unsafe children’s products, automobile parts, or pharmaceutical products that cause the death of an individual.

Manufacturers should spend a tremendous amount of time and effort testing their products to ensure their safety, and they know they could be held liable for anything that goes wrong. If your loved one was killed because of the use of a defective product, you should speak with an attorney immediately.

Q: Can You Sue a Dead Person in South Carolina?

A: It is not possible to sue a dead person directly in South Carolina. You can pursue legal action against their estate. For example, if a driver causes an accident that results in the death of multiple individuals, including the driver, a wrongful death case could be brought against the driver’s estate.

This process could include the probate courts, which will help facilitate the transfer of compensation from the deceased’s assets to the plaintiff. These cases can become complicated and will require help from an experienced attorney.

Q: Why Do I Need a Wrongful Death Lawyer?

A: You need a wrongful death lawyer if your loved one was wrongfully killed in an accident. A lawyer can help you file a legal claim against the responsible party. Engaging a lawyer can increase your chances of successfully holding the responsible party accountable and getting the compensation you deserve. Without a lawyer, you may be unaware of what constitutes a sufficient settlement.

The Law Office of Charles T. Brooks III: Providing Compassionate Legal Support

During this difficult time, you may be struggling with several questions. We understand how this life-changing event can cause major disruptions in your and your family’s lives. Speaking with an attorney may be the last thing on your mind, but it may be incredibly helpful. An attorney can proceed with a claim to ease your financial worries. You have up to three years to file a legal claim, so it’s important to speak with an attorney as soon as possible regarding your case.

The legal team at the Law Office of Charles T. Brooks III has ample experience in wrongful death cases. We have helped grieving clients all across South Carolina with their claims. We pride ourselves on helping victims get the legal support, guidance, and financial compensation they deserve. Financial compensation cannot replace the life of your loved one, but it can help pay for the funeral arrangements and lost income, among many other damages. Contact us today for help.