Greenville Wrongful Death Lawyer
When another person’s careless acts take the life of your loved one and rob you of their presence and companionship, you deserve justice. The death of a loved one is one of the most traumatic events you can experience, and the sudden nature of a wrongful death accident only compounds the trauma. A seasoned Greenville wrongful death lawyer can help you hold the responsible party accountable for what they have done.
A wrongful death lawsuit or settlement could never replace your loved one. No amount of money can fully compensate you for the loss of that person in your life. But a compensation award can help ensure you and your family do not bear the financial burden of that loss on your own.
During this difficult time, The Joel Bieber Firm’s compassionate team of personal injury attorneys and support staff are ready to provide you with personalized, professional legal representation.
Basics of South Carolina Wrongful Death Lawsuits
A wrongful death lawsuit alleges that another person’s careless or reckless acts caused your loved one’s death. Because of this, a wrongful death lawsuit seeks compensation from the at-fault party.
A successful wrongful death case can result in you receiving compensation for related medical and funeral bills, the financial support you could have expected from your loved one, and your pain and suffering.
Conduct Leading to a Wrongful Death Lawsuit
Any reckless or careless behavior that leads to your loved one’s death could support a wrongful death lawsuit. Driving errors and mishaps, especially driving under the influence of alcohol or drugs, are common reasons for wrongful death cases. Acts of violence and slips and falls also frequently lead to wrongful deaths.
A Greenville wrongful death lawyer will want to fully understand the circumstances surrounding your loved one’s passing. When they have learned all of the details, your attorney can advise you on whether you are eligible to pursue a wrongful death suit.
Eligibility to File a Wrongful Death Claim in South Carolina
Not everyone whose loved one dies in an accident can file a wrongful death lawsuit. South Carolina law limits wrongful death claims to the spouse of a decedent and the decedent’s surviving children.
In the case of the wrongful death of a child, the child’s parents would be eligible to pursue a wrongful death action.
If an adult decedent has no surviving spouse or children, then the decedent’s next of kin may pursue the claim. This is typically the decedent’s parents or a sibling.
Time Limitation to File a Wrongful Death Action
Depending on who is responsible for your loved one’s death, you may have as little as two years to file your wrongful death action. If a state or local government entity or employee is responsible for causing your loved one’s death, your claim must commence within two years of the incident.
In all other situations, your claim must be brought within three years of the fatal accident. If your loved one happens to survive the initial accident but later dies from their injuries, then the time limitation begins to run on the date of their death.
Types of Compensation Available in a Wrongful Death Lawsuit
Once you decide to file a wrongful death lawsuit, your Greenville wrongful death lawyer will work with you to determine what compensation you might receive. There are two general categories of compensation you can seek through a wrongful death action.
Compensation for Decedent’s Losses
First, your claim may include a survival action to recover compensation for losses the decedent suffered before death. This would include medical treatment, ambulance costs, and other medical care they received before their death. If the decedent received medications during their course of care, damages are available for this expense, too.
Aside from these monetary losses, your loved one’s pain and suffering before death is also compensable.
Compensation for Surviving Family’s Losses
You are also eligible for compensation for the losses you experience related to your loved one’s passing.
The most common compensable loss is the cost of funeral and burial arrangements. This includes costs associated with storing and transporting your loved one’s body, purchasing a plot (if applicable), purchasing a casket or urn, and burying or cremating your loved one.
If your loved one was employed and contributed to household expenses, this loss is also compensable. You can receive monetary damages for the contributions you could have reasonably expected your loved one to make over the course of their lifetime.
Additionally, your wrongful death lawsuit can provide you with monetary damages to account for the loss of your loved one’s companionship.
The nature of your relationship with the decedent will play a role in determining the precise amount of compensation here. For example, the loss one spouse experiences by the sudden death of their partner is different from the loss a child experiences by the death of a parent.
Lastly, your own mental anguish and emotional suffering are compensable.
The law in South Carolina imposes limitations on the amount of damages you can receive in certain situations. Your Greenville wrongful death lawyer can advise you whether these damages caps apply in your case.
Speak to Your Greenville Wrongful Death Lawyer Today
If negligence or recklessness took the life of your loved one, The Joel Bieber Firm would like to speak with you right away. Our caring and professional team wants to help you get justice for your loved one and hold the person who caused your loved one’s death accountable for what they have done.
We also want to see that you and your family are financially secure after such a tragic event.
The Joel Bieber Firm provides new wrongful death clients with a complimentary case consultation, so call our Greenville firm today to request yours.