South Carolina
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Why Choose HawkLaw’s Wrongful Death Lawyers
We are determined to move your wrongful death case forward as quickly as we can. South Carolina only affords you a short window of opportunity to file a lawsuit against the at-fault party, so it is important to consult with a lawyer right away.
HawkLaw’s wrongful death attorneys have dedicated professionals with compassion and empathy for each and every one of our clients. We feel your pain when a loved one is wrongfully taken from you, and we make it our mission to fight for justice and compensation to provide some solace for your loss. As a digital-first law firm, you can get your case initiated immediately so we can start fighting for you. Call 888-HAWKLAW today or use our live chat, and we will get to work right away!
What Are the Grounds for a Wrongful Death Lawsuit in SC?
South Carolina state law stipulates wrongful death if an individual’s death was caused by the negligence, recklessness, or intentional actions of another party. The surviving family members of the deceased are eligible to file a wrongful death lawsuit.
The State of South Carolina has what is called a modified comparative negligence rule. This means victims may be ruled as partially to blame for an injury or death, but as long as at least 51 percent of the accident’s fault lies with the other party, they will have liability. Depending on how fault is ruled, this could impact the percentage of damages awarded. An experienced South Carolina wrongful death lawyer can look at your situation and suggest legal options.
Accidents Resulting in a Wrongful Death
As long as the criteria for grounds have been met for wrongful death, most types of fatal accidents will qualify under South Carolina law. The types of accidents resulting in wrongful death include but are not limited to:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Medical malpractice
- Slip and fall accidents
- Defective products
- Nursing home neglect
In any of these or other qualifying cases, a family is legally permitted to bring legal action against the at-fault parties if grounds for wrongful death are met.
What Type of Damages Can Be Pursued?
No amount of money can cover the mental anguish of such a devastating loss, but a financial award can remove some of the financial stresses and provide justice by holding the parties responsible for a wrongful death accountable. Damages awarded to surviving family members can include economic damages, non-economic damages, and punitive.
- Economic damages are actual monetary losses that can easily be calculated.
- Non-economic damages are intangible losses where it is difficult to determine losses – pain and suffering are a large part of non-economic damages.
- Punitive damages are awarded to set an example of punishment when acts were particularly malicious or negligent that led to a person’s death.
Speaking with an experienced wrongful death attorney can explain in greater detail how damages are determined.
How our wrongful death lawyers pursue compensation
A wrongful death claim in South Carolina should cover the financial losses you have incurred by the death of a loved one. It is our mission to also help you find emotional closure for the loss as we fight for your right to fair compensation. Here is a list of damages you should receive compensation for as your wrongful death case moves forward:
Medical Expenses
Prior to your loved one’s unfortunate loss, you and your family likely incurred medical expenses to treat their condition. You are entitled to receive compensation for medical bills as a part of a wrongful death claim. We can also help you pursue a medical malpractice claim in the event that negligence contributed to the loss of your loved one.
Funeral and Burial Expenses
Funerals are expensive; burial plots are expensive. In wrongful death cases, these and other funeral expenses should not be your burden to bear. We will help you fight for reimbursement for these expenses to reduce some of the financial costs of losing someone you love.
Loss of Income
When a loved one is lost, you will be required to take time off from work to properly say goodbye. In wrongful death cases, this is time and money lost to you for reasons that should not be your financial responsibility. We will help you make the case for compensation to alleviate some of those losses.
Loss of Financial Support and Wages
The loss of a family member can be financially devastating. It is hard enough to think of moving forward with life without your loved one. This can be compounded by worries for your family about its financial future. Courts often award damages to a victim’s family to help them recover from the loss of any financial support provided by the deceased individual.
Punitive Damages
Also called exemplary damages, they are placed on the at-fault party whose actions were especially negligent or malicious. These damages are not so much intended to compensate you but to punish the person responsible for the death in the hope that this will prevent similar conduct from occurring again.
Loss of Companionship
Family members who lose loved ones must cope with the devastating loss of companionship. The state of South Carolina takes this into consideration for surviving spouses, children, surviving parents, and other beneficiaries.
A Free Consultation* Is Just a Call or Click Away
The compassionate and caring South Carolina personal injury attorneys at HawkLaw have been dedicated to fighting for the rights of South Carolina families since 2002. We understand the trauma and emotional distress that comes with losing a loved one and want to help. Unfortunately, insurance companies do not always do right by victims because they are often more concerned with financially protecting themselves, not those who are the ones truly suffering.
Our office offers free case evaluations* to anyone who wants to pursue a legal avenue in the form of a wrongful death action to obtain justice for the loss of their loved one. We do not charge a fee for our legal advice unless you are awarded a settlement*.
HawkLaw has four primary offices located in Charleston, Columbia, Greenville, and Spartanburg, but our personal injury lawyers serve the entire state of South Carolina. To request a case review during a free consultation*, call us at 888-HAWKLAW or complete our online contact form and someone from our legal team will get back to you right away.
