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Wrongful death is perhaps the most emotionally taxing personal injury claim. You’ve lost a loved one due to someone else’s careless mistake, and now you seek justice and closure. Your recently deceased loved one’s medical bills, funeral expenses, and burial costs may be inundating your family, on top of dealing with your own personal grief. You may know exactly who is to blame for your loved one’s death, or you may need a team of investigators to identify the defendant(s).
Citizens of South Carolina can come to the Hawkins Law Firm for help with wrongful death claims when they think that something about a death just isn’t right. You may know exactly who is to blame for your loved one’s death, or you may need a team of investigators to identify the defendant(s). Common situations that result in wrongful death include:
The frequency of motor vehicle accidents and fatalities in South Carolina tends to increase during the holiday times. Regardless of the circumstance of the wrongful death, you need a team of attorneys who will handle your case to avoid causing your family additional pain and anxiety.
Wrongful death cases follow much the same processes as other personal injury cases when it comes to proving negligence. Like other cases, the plaintiff(s) must identify a defendant and file a claim with the South Carolina civil courts. Wether you are filing a death claim in Charleston or Spartanburg, or anywhere else in South Carolina, bringing a successful wrongful death claim requires four elements:
The Hawkins Law Firm can help you with these four elements during mediation or in a trial, if your case goes to court.
As is the case in other personal injury cases, achieving a settlement in a wrongful death claim comes down to the question of negligence. If a plaintiff can prove a defendant’s breach of duty caused the death of a loved one, the courts will award compensation to the surviving family members. Proving negligence is the most crucial point in a wrongful death claim and is possible with an in-depth investigation into the circumstances of the accident.
Proving negligence may require interviewing eyewitnesses to the accident, collecting the decedent’s medical history, hiring a key witness such as a doctor, or investigating the manufacturer or workplace responsible for the accident. Our attorneys will work closely with you throughout the investigation and discovery processes, keeping you updated on our progress.
You may recover pecuniary injuries (financial damages) in a wrongful death case. These include loss of support, inheritance, and services related to the decedent’s death. Pecuniary damages also include funeral and burial expenses. Survival actions for personal injury are damages a family can recover for the decedent’s injuries, similar to what the decedent may have received in a personal injury lawsuit. These include medical costs leading up to the loved one’s death and the decedent’s pain and suffering. Plaintiffs may also receive punitive damages in a wrongful death case if the death resulted from malicious wrongdoing.
Each wrongful death case looks different and requires a customized legal solution. The Hawkins Law Firm treats each case as if it was our only case, and we will come up with the right plan for you and your family during this difficult time. Call 888-HAWKLAW to set up your free consultation* today.