Florence Wrongful Death Lawyer

Florence Wrongful Death Attorney

A Florence wrongful death lawyer could be a great resource to use if you have recently been impacted by a wrongful death. It is important that you act fast, as claims for wrongful deaths must be filed within three years of the date of the death. A qualified and experienced attorney can help review your case, provide the necessary legal advice needed, and help you through the legal process of filing a wrongful death claim if applicable.

Proving Wrongful Death

The burden of proof in a wrongful death case in Florence lies with the plaintiff. There are generally four elements that go into proving a wrongful death.

• The plaintiff will need to establish that the defendant had a duty to the deceased party. For example, in an auto accident that leads to death, it could be argued that the negligent driver owed a duty of caution to the deceased driver while on the road.
• Breach of duty. It must then be proven that the defendant breached that duty. This is where negligence comes into play.
• The injury or death must have occurred during this breach of duty.
• The negligence or breach of duty must be proven to have led to the injury or death of the victim.

Factors That Can Influence a Wrongful Death Case

The amount that you can receive in a wrongful death case will vary depending on a multitude of factors relevant to the case. Some of those factors can include:

• Nature of the fatal act. The specifics of the act that happened will be considered. For example, if there was severe recklessness or malicious intent that led to the wrongful death, then that could influence the court’s decision regarding the compensation amount.
• Quality of evidence. In general, the stronger the evidence you have, the stronger the case. Quality evidence can include anything that can prove the negligence of the faulty party and how it contributed to the death of the deceased.
• Witness testimony. If there are any witnesses to the incident, then the credibility and presence of their testimony could seriously strengthen the case.
• Level of legal representation. Having a wrongful death attorney with the appropriate experience and acumen can make a huge difference in the outcome of the case and the amount of compensation awarded. An attorney who knows how to build a strong and credible case can significantly increase the chances of winning the case.

FAQs

Q: What Constitutes Wrongful Death In South Carolina?

A: Wrongful death in South Carolina happens whenever there is a death of an individual that was due to a wrongful action or negligence of another party. Wrongful deaths are classified as a type of personal injury case in which the injured individual is unable to bring forth their own case. A wrongful death case may be initiated by the deceased’s surviving family members. Typically, in wrongful death cases, the person responsible will pay damages to the surviving family members.

Q: What Is Wrongful Death Action in Law?

A: A wrongful death action is a lawsuit that can be filed by the surviving family against the party responsible. A wrongful death can happen in a car accident, medical malpractice accident, product liability accident, or workplace accident. If any of these accidents cause a wrongful death, then legal action could be pursued. If you find yourself in a situation like this, you should get help from an experienced wrongful death attorney who can help you through the necessary legal steps.

Q: Is It Hard to Win a Wrongful Death Lawsuit?

A: The difficulty in winning a wrongful death lawsuit depends on the complexity and circumstances of the case. Factors that should be considered include the quality of evidence, any witness testimonies, the nature of the incident, and the quality of legal representation. It is fair to say that in most cases, a wrongful death lawsuit will be successful given that there is quality evidence and you have proper legal representation on your side. You should engage a wrongful death attorney for help.

Q: What Are General Damages for Wrongful Death?

A: General damages for a wrongful death case could include funeral and burial expenses, medical expenses, lost income, loss of companionship, pain and suffering, and potential punitive damages.

Punitive damages may be awarded by the judge if the responsible individual was discovered to be deliberate or reckless in their actions. Punitive damages are not necessarily meant to compensate the family but are more so meant to punish the party at fault for their actions and discourage them from committing similar acts in the future.

Q: Who Can File a Wrongful Death Claim?

A: In South Carolina, a wrongful death claim may be initiated by the family of the deceased. Eligible family members can include spouses, children, parents, and heirs at law. It is also possible that a claim could be filed by whoever is named the executor of the deceased’s estate or will. While the executor may file the wrongful death claim, the damages and compensation awarded will be paid out to the surviving family.

The Law Firm You Need

If you or someone you know has unexpectedly experienced a wrongful death of a loved one, you may need legal support. An untimely or unexpected death can bring on many questions and concerns. Grieving family members need time to mourn, properly honor the deceased, and figure out how to move forward with their lives. Having the right attorney on your side can allow you to focus on mourning the loss of your loved one while the attorney handles your legal case.

The legal team at the Law Office of Charles T. Brooks III is ready and able to provide needed legal assistance during this difficult time. With the help of our team, you can rest assured that you will get the quality legal representation you deserve. Our team will work tirelessly to make sure that the party responsible is held fully accountable for their actions and that you are fairly compensated for the incident. Contact our office today to see how our team can help you through this time.