The passing of a loved one is always difficult, no matter the circumstances. When someone else’s carelessness or recklessness was the cause of death, however, it can be even harder to gain closure and peace of mind after a tragic loss. Wrongful death can happen in a car accident, a hospital, at work, or in a violent assault. And the frequency of accidents can increase during the year, like during the holidays, for example, upping the fatality statistics. While the thought of a lawsuit can feel overwhelming in the aftermath of a loved one’s death, a competent Charleston wrongful death lawyer can help relieve your anguish and remove some of the burden from your shoulders. An attorney at HawkLaw can take care of litigation on your behalf, so you can focus on healing.
The South Carolina Code of Laws, section 15-51-10, defines “wrongful death” as a death that results from the neglect, default, or wrongful act of another. Typically, a person in Charleston can file a wrongful death claim for all the same reasons he or she would file a personal injury claim had the deceased person lived. This may include car accidents, surgical errors, defective products, premises liability accidents, criminal acts, or work-related accidents. HawkLaw has experience representing all types of wrongful death claims in Charleston. Their office is conveniently located in Mount Pleasant and serves Charleston, Berkeley, and Dorchester counties.
Each state makes its own rules for who can file a wrongful death lawsuit. In South Carolina, the executor or administrator of the deceased person’s estate must file the claim. The deceased person’s estate plan often names this person. Otherwise, the courts will name an executor. The executor is the party that brings the claim, but the claim is on behalf of the deceased person’s family members. Family members who recover damages for a wrongful death claim include the decedent’s surviving spouse, children, parents (if there is no spouse or child), and heirs at law (if there are no spouse, children, or parents).
Citizens of South Carolina have three years from the date of the deceased person’s death to file a wrongful death claim. This legal time limit, or statute of limitations, is strict. It is important to comply with the three-year deadline or else you run the risk of the court refusing to hear your case. Like personal injury accidents, every wrongful death case is different. Talk to a Charleston wrongful death lawyer about your individual situation for more specific information.
With the right law firm, a wrongful death claim in Charleston can be the final chapter, allowing a family to finally move on. At HawkLaw, we know that no amount of compensation can ever make up for the loss of a loved one. However, it can be a significant source of financial relief for a family facing extensive funeral and burial costs, medical bills, and other expenses. Bringing a wrongful death claim may result in compensation for:
On top of monetary awards, a wrongful death claim can give a family a sense of justice. It may be the best way to finally move on after a tragic death in the family. To schedule your free consultation about a wrongful death claim in Charleston, contact HawkLaw. Call our local law office in Mount Pleasant, SC at (843) 737-9356 to speak with one of our caring and compassionate representatives.