If you lost a loved one due to an unexpected accident in Lexington, South Carolina, you and your family have legal options to recover from your loss through a wrongful death claim. When negligence causes a fatal accident, the negligent person can be held liable for costs including funeral expenses and medical bills. Additionally, the family of the deceased can seek damages for emotional distress and loss of companionship.
The dedicated Lexington wrongful death lawyers at Jeffcoat Injury and Car Accident Lawyers understand the challenges you and your family will face after a tragic accident. Our legal team will help guide you forward. Our lawyers will answer any questions you have and work hard toward your financial recovery. Call our law office today at (803) 573-0869 to schedule a free consultation.
How Jeffcoat Injury and Car Accident Lawyers Can Help After a Wrongful Death Accident in Lexington, SC
Losing a loved one is one of the most difficult challenges we can face. When the loss was caused by a negligent act by another, the loss becomes even more tragic. Grieving families have options through a wrongful death claim.
Our Lexington wrongful death attorneys at Jeffcoat Injury and Car Accident Lawyers can handle the difficult work involved with a wrongful death claim. Our Lexington personal injury attorneys have 101 years of combined experience helping victims and their families. We have been able to recover more than $90 million in damages for our clients. Our dedicated team is willing to fight to get you the compensation you deserve.
When you hire our law firm, we will:
- Review the facts of the accident to find out what happened and who is responsible
- Collect evidence and documents to build your legal strategy and prove your claim
- Hire experts whenever needed to prove how an accident happened and why you are entitled to damages
- Estimate how much your wrongful death claim is worth, based on the facts involved
- Offer protection from attempts to blame your loved one for the accident
- Get tough with insurance companies and fight for a fair settlement
- File a wrongful death lawsuit in court whenever needed
Our proven South Carolina wrongful death attorneys have the experience and skills to guide grieving families through the difficult legal process. We will work hard to recover the compensation you and your family deserve after a devastating loss.
What Is a Wrongful Death Claim?
In South Carolina, a wrongful death claim can be pursued when a person dies due to another person’s neglect, wrongful act, or default. Essentially, if the deceased would have had legal grounds to file a personal injury lawsuit if they survived, their surviving family can bring a wrongful death lawsuit.
For example, if someone else’s negligence caused a car accident leading to your loved one’s death, you or certain other family members can file a wrongful death claim. You may be eligible for compensation for medical expenses, funeral expenses, and more.
Keep in mind that a wrongful death lawsuit is a civil matter, not a criminal case. A wrongful death lawsuit addresses the costs and losses you and your family suffer due to a tragic loss. A criminal case would address the at-fault individual’s criminal responsibility. Even if the other person is not charged with a crime or is acquitted, you can still pursue and win a wrongful death lawsuit.
Who Can File a Wrongful Death Claim in South Carolina?
Not every grieving family member can bring a wrongful death claim. Under South Carolina law, wrongful death lawsuits are treated similarly to a personal injury lawsuit and certain rules apply.
The lawsuit must originate from the deceased person’s estate and generally needs to be filed by the estate’s administrator or executor. Estate executors are typically named in a will. If no executor was named before the deceased’s passing, an administrator can be named by the court. While an executor is the one filing the claim, a wrongful death claim is filed on behalf of the surviving family members, who would recover monetary damages from the negligent party.
Survivors can include:
- Spouse
- Children
- Surviving parents or siblings
- Any heirs named in the will, if no other survivors take precedence
Generally, a surviving spouse, then any children, would have the primary claims in a wrongful death lawsuit. If there is no spouse or surviving children to take claim, the deceased’s parents or siblings would follow in line, then any unrelated heirs.
Exceptions can apply and each case involves unique factors and circumstances. An experienced South Carolina wrongful death attorney can advise you on how the process will work in your case and who has standing to claim damages for wrongful death.
Types of Wrongful Death Claims in Lexington, SC
Wrongful death claims can arise out of many different types of incidents, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home abuse and neglect
- Construction accidents
- Workplace accidents
Any type of serious accident can cause death, sadly. If you lost a loved one in an accident, you’ll need skilled legal guidance. Our compassionate legal team is here to help you move forward.
How Much Does It Cost to Hire a Lexington Wrongful Death Lawyer?
Our lawyers at Jeffcoat Injury and Car Accident Lawyers will represent clients in wrongful death claims on a contingency fee basis. Contingency arrangements mean you do not pay attorney fees unless we secure a financial award for you and your family.
After the tragic loss of a family member, you should not be expected to pay legal fees while your wrongful death claim is ongoing. To learn more about how contingency fee agreements work, schedule a consultation with one of our dedicated wrongful death lawyers today.
Proving Negligence in a Wrongful Death Claim
Wrongful death claims typically rely on the legal theory of negligence.
Negligence consists of four elements:
- Duty of care to act in a certain manner and avoid injury to others
- Breach of duty by the defendant, based on an act or failure to act
- Causation between the breach and your loved one’s death
- Damages caused by the defendant’s actions
Evidence used to support a wrongful death claim can include:
- Police reports
- Accident reports
- Photographs
- Video recordings
- Physical evidence
- Witness testimony
- Expert witness testimony
- Medical records and statements
- Proof of funeral and burial costs
An experienced Lexington wrongful death attorney can help review the evidence and make a strong argument for negligence in your wrongful death case.
Damages in a South Carolina Wrongful Death Case
The estate of the deceased can seek economic damages and non-economic damages in a wrongful death claim.
Some damages can include:
- Lost income and future earnings the deceased should have earned
- Loss of companionship with a loved one
- Loss of parental support, if the deceased had children
- Pain and suffering your loved one suffered due to the accident while still alive
- Medical expenses and unpaid hospital bills
- Funeral costs and burial expenses
Rarely, punitive damages can also be available depending on the nature of the defendant’s actions. Acts of recklessness and intentional harm can bring punitive damages into the picture.
Can a Wrongful Death Claim Succeed if My Loved One Is Blamed for the Accident?
Yes, the estate can pursue damages even if the deceased shared some responsibility for the accident. South Carolina’s modified comparative negligence rule states that a claimant can receive damages in a wrongful death lawsuit as long as the victim was not 51% or more at fault for the accident.
However, if the victim shared responsibility, their financial payment would be reduced in proportion to their share of liability. You should not let potential blame keep you and your family from pursuing a wrongful death claim.
What Is the Statute of Limitations in South Carolina for a Wrongful Death Case?
The statute of limitations in South Carolina for a wrongful death case is generally 3 years. The 3-year time limit typically starts from the date of death in a wrongful death claim. Some exceptions can apply, however, so be sure to discuss them with your attorney.
If the estate does not file a wrongful death lawsuit within South Carolina’s statute of limitations, the right to sue the at-fault party could be lost forever. An experienced Lexington, SC wrongful death lawyer will discuss the deadlines that apply to your case and make sure your case is ready to file.
Contact a Lexington, SC, Wrongful Death Lawyer for a Free Consultation
After a tragic loss, your family can seek justice and financial compensation through a wrongful death claim in Lexington, South Carolina. The Lexington wrongful death lawyers at Jeffcoat Injury and Car Accident Lawyers know the challenges you face because they’ve helped many just like you. We are here to answer your questions. Schedule a free consultation with one of our dedicated attorneys today.
