The loss of a loved one, under any circumstances, is an emotionally difficult time for the surviving friends and family members. When that person’s death occurred due to circumstances that result in wrongful death, the pain is compounded by the fact that the loss did not have to occur.
As a law firm experienced in wrongful death cases, HawkLaw’s team of professional attorneys will coordinate the wrongful death filing alongside the executor or administrator of your loved one’s estate. Our entire team will work with diligence and relentlessness to fight so your family receives the justice and fair compensation deserved for a lost family member.
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!
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% 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.
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:
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.
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.
Speaking with an experienced wrongful death attorney can explain in greater detail how damages are determined.
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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:
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.
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.
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.
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.
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.
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.
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.
Call 888-HAWKLAW or talk to us using our live chat and we’ll get to work right away. You take care of you and we’ll take care of the rest.
Once we have what we need to build a case for your claim, we will contact the insurance company or at-fault party and attempt to negotiate a fair and just compensation for your injuries. Our goal is to do right by you and agree on a fair and just settlement for your damages, pain, and suffering. If an acceptable settlement can’t be reached, your lawyer* will advise you about the option of going to court.
Filing a wrongful death claim in South Carolina is the responsibility of an executor or administrator of the decedent’s estate. In the event that the deceased person did not name an executor or administrator of their estate, a court will appoint someone to fill the role. The executor or administrator’s role is to act on behalf of the surviving family members to ensure accountability and compensation are upheld.
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 before this statute of limitations runs out. But if some time has passed since your injury, the law does provide some limited exceptions so you might not be out of luck. Contact HawkLaw today to find out if you still have a viable claim.
Wrongful death law firms practice in these cases all across the state of South Carolina. HawkLaw maintains offices that service grieving families in Charleston, Columbia, Greenville, and Spartanburg to provide local service at your convenience. Even if you live in Myrtle Beach, Lexington, or North Charleston, we are available to help you today.