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Losing a loved one to an avoidable accident leaves you feeling that justice wasn’t served for them. Fortunately, your family can file a claim with a wrongful death lawyer in Charleston and get the peace of mind you deserve.
A death in the family or among friends always hits hard. Whether it’s a car accident, a routine medical procedure gone wrong, or even an intentional assault, the pain of losing someone you care for is difficult to manage. Unfortunately, you might suspect wrongful death on top of that.
When you lose someone because another person was careless, you’ll need compensation to deal with that loss. You’re dealing with the aftermath of someone else’s negligence, and that’s tough to recover from. Fortunately, that’s what a Charleston wrongful death lawyer from HawkLaw, PA is here for. We’ll help you fight back when someone causes the untimely death of your loved one.
Wrongful death claims are unique in that the person injured isn’t the person who files. Since they passed away because of the accident, someone else must step in and fight for the compensation that the family is due.
That can be complex when multiple family members want to file a claim, so there are limits on who’s able to file. As such, even if you are the one paying for the burial or funeral, you might not be the one who files the claim.
In South Carolina, none of the family members file the claim by merit of being a family member. Instead, all wrongful death claims must be filed by the executor or administrator of the estate. Typically, this person should be listed in the deceased person’s estate plan. Since some people may not have an estate plan, however, the court may name a person as the executor.
So, before you file a claim, make sure you’re the right person to file. If you’re not, however, the executor acts on the behalf of the entire family. So, instead of filing a claim, you may need to simply speak to the executor about the expenses and damages you’ve suffered because of the accident.
Once you’ve determined who can file, you’ll need to know what to file for. Your family and your loved one have suffered, and you should be compensated fairly for that suffering. Unfortunately, it can be tough to determine what compensation your family should receive without help from an accidental death lawyer.
For example, you’ll need to know what financial losses your family has suffered and should be compensated for. These types of damages are generally easier to calculate than other damages, but be sure you don’t miss any possible areas your family may need covered. Your economic damages can include, among other things:
Non-economic damages can be just as hurtful, and they also need to be calculated. You didn’t just lose money. You lost a loved one, and that has an intangible cost to it. You’ll need to determine these losses based on their impact. Non-economic damages that you might request in your wrongful death claim include the following:
When you’ve lost a loved one because someone intentionally tried to hurt them or because someone was extremely negligent, you might be entitled to further damages. Punitive damages are added as a punishment for the wrongdoer. Instead of compensating you and your family, they should help give you the justice your family deserves.
Remember, though, that these damages are capped. Punitive damages in Charleston and throughout South Carolina are capped at $500,000 or three times your other damages, whichever is larger. That may limit what you and your loved ones can receive, but the right attorney can fight for the max amount you can obtain. Your family should receive the fullest compensation possible, so get the help you need before you file a claim in Charleston.
The impact of losing a loved one can leave you struggling both emotionally and financially. You’ve just lost someone dear to you, and it was someone else’s fault. Since these claims can be so complex, you need help getting the compensation your family deserves. Fortunately, a lawyer at HawkLaw, PA can make a difference.
Your family’s loss is devastating, but a fatal accident lawyer can help you fight back against the at-fault party. A lawyer can help you determine who can file and for what, starting with a free consult. That way, you know exactly what to expect and how your attorney will help.
If you’re ready to get started, take advantage of our free consultations. We’re here for you and your family. When you’re ready, simply call a Charleston wrongful death lawyer at 1-888-HAWK-LAW (429-5529) or complete the following online form.