Understanding Wrongful Death Claims: A Guide for Grieving Families in Charleston, SC

Answers to Your Wrongful Death Lawsuit Questions

Understanding the legal process can help you prepare for what may come next. Below are the answers to some commonly asked questions about wrongful death:

• Who can file a wrongful death case in South Carolina? In South Carolina, the executor or administrator of the deceased's estate has standing to file the lawsuit in court on behalf of the estate.
• How long do I have to file a wrongful death case in South Carolina? In most cases, you have three years to file a wrongful death lawsuit. If you miss this deadline, you may not be able to recover compensation even if someone else’s negligence caused your loved one’s death.
• What can I recover if I file a wrongful death lawsuit? Every case is unique. However, certain types of damages may be recoverable, including medical expenses incurred because of the accident before death, funeral costs, lost income, loss of companionship, and, in some cases, punitive damages.
• Who gets damages in a South Carolina wrongful death case? According to South Carolina law, the deceased’s spouse and children get any damages recovered in a wrongful death lawsuit. If the deceased was not married and was not a parent, then their surviving parents may recover damages. If the deceased did not have a spouse, children, or surviving parent, their other heirs may recover damages.
• Should I file a wrongful death case if there is a criminal case pending? Yes. Criminal cases are brought on behalf of the people of South Carolina. A criminal case may hold the person who killed your loved one accountable, but it will not result in financial compensation for your losses. Additionally, criminal cases and civil wrongful death cases have different legal elements and burdens of proof. Accordingly, you may be able to hold the person responsible for your loved one’s death accountable in a wrongful death case, even if they are acquitted in a criminal case.
• Can we still file a claim if our loved one was partially at fault for the accident? Yes, South Carolina follows a modified comparative negligence rule. You can still recover damages as long as your loved one was less than 51% at fault for the accident, but the compensation may be reduced by the percentage of fault attributed to your loved one.
• Will we have to go to court for a wrongful death claim? Not necessarily. Many wrongful death cases are settled out of court through negotiations. However, if a fair settlement can't be reached, going to trial may be necessary to seek compensation.
• How much does it cost to hire a wrongful death attorney? Many wrongful death attorneys work on a contingency fee basis. This means that an attorney takes an agreed upon percentage of a settlement or award as their fee. Case related costs are separate from this fee and are also typcially deducted from a settlement or award after the attorney's fees are deducted. It is important to ask an attorney in a consultation whether or not you will still be liable for case relate costs even if a settlement or award is not obtained. 

You likely have additional questions. Our Charleston wrongful death attorneys would be happy to answer all your questions during a no-obligation consultation.

Why to Contact Our Charleston Wrongful Death Lawyer 

If we are able to take your case, our team at Derrick Law Firm Injury Lawyers will work to support you throughout the wrongful death claim process. Some of the things we do for our clients on similar cases include:

• Case evaluation. We'll review the circumstances of your loved one's death to determine the strength of your case and potential compensation.
• Evidence gathering. Our team will collect and analyze crucial evidence, including accident reports, medical records, and expert testimonies.
• Insurance negotiations. We'll handle all communications with insurance companies and opposing counsel, striving for a fair settlement that reflects your loss.
• Litigation. We'll prepare your case for trial if necessary, ensuring all legal requirements are met.

While past results and performance do not guarantee any future results, we invite you to review our case results and client testimonials on our website. Here are some testimonials that some of our wrongful death clients have left for us:

• J.P. said, “I was very well pleased with the professional way in which my case was handled. I was very pleased with cordiality and friendliness of all the staff involved with me in my time of need. Everyone treated me and my wife as if we were more than just clients. We were treated more like family members. I most sincerely am grateful for all you have done for us."
• R.H. said, “My experience with Derrick Law Firm was excellent. The lawyers, paralegals, and staff treat you like family and do the best to understand"

In your time of loss, let us be your guide.