Lexington, SC Wrongful Death Attorney
Compassionate Care for Families in South Carolina
If you recently lost someone you love suddenly in an accident, you deserve to have the time and space to grieve with your family. Losing a beloved family member is one of the most emotionally challenging experiences a person can go through, and it can take a long time to recover. Unfortunately, after an accident caused by negligence, family members are unable to concentrate on healing when they have medical bills and other damages to worry about paying. Though some families may want to bring at-fault parties to justice, many don’t know where to begin in the legal process or who they can turn to for assistance. As a personal injury law firm that has helped countless individuals and families recover damages since 1982, The Rick Hall Law Firm, LLC can be trusted to handle your case professionally and with respect. Our Lexington, South Carolina wrongful death lawyers understand how overwhelming loss can be and can shoulder the legal burdens of your case so you can be with your family during this time.
What is a Wrongful Death Case in South Carolina?
In South Carolina, you may have a wrongful death case if a loved one died due to a negligent, reckless, or intentional act by another person or entity. Wrongful death cases may arise out of other accident cases such as auto accidents, construction accidents, premises liability, and more.
Statute of Limitations in South Carolina
South Carolina defines “wrongful death” as one that is caused by the wrongful act or neglect of another. Families wishing to file a successful wrongful death claim must prove that the at-fault party was negligent in their actions, and that those actions contributed to their family members’ injuries and/or death.
All states of their own statute of limitations, or an amount of time that people have to file a personal injury claim. In South Carolina, families have three years to file a wrongful death claim, meaning they have three years from the date of the deceased person’s death to file a claim to be heard by the court. Failing to file a claim in the allotted time results in your family being unable to hold negligent parties responsible and unable to collect compensation for damages. Our Lexington wrongful death attorney is able to file your claim quickly so your family has a chance at recovering damages.
Common Causes of Death in Accidents
Virtually any accident can result in fatalities or serious injuries that result in death. Our wrongful death attorney has dealt with various forms of negligence and has seen several common kinds of accidents that result in wrongful death cases.
Common types of wrongful death cases include:
What Damages Can I Recover in a Wrongful Death Claim?
Recovering the damages your family deserves after the unexpected passing of a loved one can bring peace of mind knowing your expenses are covered and the negligent party was brought to justice. According to South Carolina law common types of damages that can be recovered include:
Funeral and burial expenses
Lost wages and benefits the deceased would have earned
Who Can File a Wrongful Death Claim?
A wrongful death claim must be filed by the executor of the deceased person’s estate. If the deceased person has an estate plan, this executor is often named, but if not, the court may name one. An executor pursues a wrongful death claim on behalf of the deceased person’s surviving family members.
In South Carolina, the individuals who can recover damages after the loss of a loved one include:
- Parents, if there is no spouse or child
- Heirs at law if there are no parents, spouse, or child
Our attorneys can help your family cover the costs of expenses you may have accrued as a result of your loved one’s death. Your finances may be especially strained if your family was dependent on the deceased person’s income. We’re able to recover damages that include funeral and burial expenses, property damages, lost wages and benefits, medical bills and expenses related to your loved one’s final illness or injury, and pain and mental anguish suffered by your family members.
Your family deserves closure after trauma. Our Lexington wrongful death lawyers work around the clock to hold negligent drivers, employers, and other entities responsible for damages to make this closure possible for you.
Your family deserves closure during this challenging time. Allow our Lexington, SC wrongful death lawyers to pursue justice on your behalf by reaching out online or calling (803) 590-9900 to discuss your potential claim further.
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$2,000,000 Wrongful Death
Wrongful death and survival action in which our client’s husband was killed after being struck by a tractor that had just collided with a wide load.
$1,000,000 Defective Product
The plaintiff and her two children, causing severe burns which resulted in extensive burn treatment, including skin grafts.
$550,000 Severe Burn
The plaintiff was struck in the neck by a shell fired from a defective Sixteen Shot Super Stallion causing severe burn injuries to neck that required multiple surgeries.
$550,000 Neck Injury
The client suffered severe neck injury due to a rear-end collision.
$550,000 Negligently Performed Hip Operation
The client suffered as a result of a negligently performed hip operation.
$525,000 Tractor-Trailer Collision
The plaintiff suffered neck pain and injury. Plaintiff was hit by a tractor-trailer whose driver was talking on the cell phone and not paying attention.
$375,000 Loss of the Child’s Eye.
Claim against a toy company after the defendant was hit in the eye with a “Ninja Star” plastic toy, resulting in the loss of the child’s eye.
$277,704 Poor Workmanship, Arbitration Award
The homeowner was left to deal with serious construction defects due to the builder's poor workmanship.
Confidential Settlement Wrongful Death
Nursing home negligence case where the plaintiff’s mother died of severe dehydration as she was not given water to drink and not cared for at all by the nursing home staff.
Confidential Settlement Wrongful Death
Wrongful death and survival action arising out of the tragic death of a teenager after taking a mind-altering, behavior-modifying, psychopharmacologic drug.