The abrupt and unexpected death of a loved one leaves surviving family members stunned and suffering deeply. During this emotionally taxing period, grieving loved ones often struggle to picture a way forward.
If the death was the result of an accident that was caused by the negligence of another party, Upstate Personal Injury Lawyers can help you hold the responsible party accountable, by providing you with the services of the best wrongful death lawyer Greenville, SC has to offer.
What You Need To Know About Wrongful Death Claims
Wrongful death can be defined as a fatality that is caused by the negligent conduct of another party – be it an entity or person. A number of circumstances must exist, for a death to be deemed wrongful; thus, justifying the origination of a wrongful death claim; they include:
- A Fatality – Occasioned by medical malpractice, auto accident, occupational risks, professional activity or criminal act.
- Negligent Conduct on the Part of the Responsible Party
- Financial Strain on Surviving Family Members as a Result of the Death
The main measure of damages in wrongful death cases/claims is financial injury. Surviving family members can also seek compensation for medical treatment costs, funeral and burial costs as well as any financial support lost as a result of the death of their loved one. An established wrongful death lawyer will also be able to demand punitive damages as well as compensation for all the emotional pain and suffering occasioned by the death.
To ascertain whether you can make a wrongful death claim after the unfortunate demise of your loved one, and, with it, hold the responsible party accountable for their negligent conduct, it is important for you to first go over the specifics of the case with a seasoned wrongful death lawyer.
How To Prepare for A wrongful Death Claim
The process of making a wrongful death claim is quite demanding and also lengthy. If you want to make a strong case for your claim, it is essential that you prepare accordingly. Considering the fact that you are grieving, having a dedicated and experienced wrongful death lawyer on your side, guiding your every move and laying the groundwork for a strong claim can be quite helpful. Your lawyer will be able to help you with:
- Evidence Gathering – They can investigate the accident that led to the fatality, compile all the relevant medical documents and interview witnesses, including expert witnesses.
- Regular Communication/Updates – This involves keeping you appraised of what is happening at different points of the wrongful death claim process.
- Proper Management of Information – Your attorney will help you manage the flow of information relevant to the case, ensuring that it does not get in the wrong hands.
- Evaluation of Available Options – Once all of the facts of the case are laid bare, your wrongful death attorney will be able to discuss with you the available options; including negotiating with insurers for an out of court settlement or suing the responsible party for wrongful death in a court of law.
Proper preparation is key in wrongful death claims; especially since, for a wrongful death claim to be made, it must first be proven that the death is directly connected to the negligent conduct of another party.
Making A Wrongful Death Claim In South Carolina
The above information relates to the general legal principles that apply to wrongful death claims in the entire country. However, on top these legal principles, wrongful death claims made in South Carolina are governed by additional legal guidelines specific to this state.
As per the laws applicable in South Carolina (South Carolina Code of Laws Title 15):
- Only surviving family members are allowed to seek financial compensation for wrongful death.
- A wrongful death claim can only be made in cases where it would have been possible to make a personal injury claim if the deceased had survived.
- The level of injury suffered by the family plays a role in the calculation of the applicable damages, which are to be determined by a jury.
- A South Carolina district, probate or circuit court must approve wrongful death settlements, even in cases where the settlement is agreed out of court
- The statute of limitations on wrongful death claims in South Carolina is 3 years.
In light of the above, state specific legal guidelines, it is important that you choose the right wrongful death lawyer. Conversant with these local provisions, such a lawyer will be better positioned to advise you on how to proceed with your wrongful death claim, given the specific details of the case.
Talk To A Wrongful Death Lawyer In Greenville, SC Today
If your loved one has died as a result of the negligence of another party, Upstate Personal Injury Lawyers can help you make a wrongful death claim. Contact us to schedule a free consultation with a dedicated wrongful death lawyer Greenville, SC today.