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Every wrongful death claim is unique. The amount of time required to settle wrongful death claims in South Carolina may range from a few months to several years, based on the specific circumstances. Sometimes, claimants choose to file a wrongful death lawsuit if they can’t negotiate a fair settlement. This could add even more time to the process.
When you’re working with a legal professional, they’ll need enough time to perform a thorough investigation, as well. Even if your case doesn’t go to trial, the process can last longer than you expect. If you lost a loved one in a wrongful death accident, our personal injury lawyers can help you recover damages.
How Does South Carolina Define Wrongful Death?
South Carolina law defines wrongful death as one caused by the wrongful act, neglect, or default of another. The cause of the death must be the type of action for which the victim could have filed a personal injury claim had he or she survived.
South Carolina’s wrongful death statute allows certain family members to sue if the death was caused by deliberate, reckless, or negligent actions of the defendant. If the deceased’s will name a representative of the estate, this person can file a wrongful death lawsuit. Otherwise, the court will appoint a family member as the representative.
If there is no spouse or children, the deceased’s parents can bring the claim. If there is no spouse, children, or parents, then the deceased person’s heirs can take legal action. If the case is successful, the representative then distributes awards among the surviving family members.
Types of Accidents That Can Result in a Wrongful Death Case in South Carolina
In South Carolina, any fatal accident can be the reason for a wrongful death claim, including:
- Auto accidents
- Negligence
- Motorcycle Accidents
- Intentional acts, such as crimes
- Truck accidents
- Medical malpractice
- Nursing home abuse and neglect
Don’t Rush Into Accepting an Insurance Company’s Initial Offer
If you and your family members are struggling to make ends meet without your loved one’s financial support, you may want to settle the case and receive compensation quickly. When the defendant assumes responsibility, the insurance company representing them may offer a settlement. While it may be tempting to accept a quick compensation when you’re having financial challenges, you may regret it later.
In most cases, relatives of a deceased person often have no idea how much compensation they’re entitled to. Therefore, insurance companies offer grieving family members settlements that are much lower than what they deserve to close cases quickly and protect their bottom line. Remember, once you accept a settlement, you cannot pursue more compensation later on.
While the long-term effects of your loved one’s death may be difficult to quantify, we can help. Our lawyers can gather relevant information and figure out a fair amount of compensation for both economic and non-economic damages.
Why It May Take a Long Time to Settle a Wrongful Death Claim
A lawyer can collect relevant information and calculate the damages that you deserve, but the insurance company may refuse to pay the amount of money requested. In this case, we can take your case to trial. Under such circumstances, it may take years to resolve the claim.
In other cases, the defendant may deny the liability. If this happens, our lawyers can perform an investigation to gather the evidence we need to support your case. Our legal team may have to:
- Interview witnesses
- Review medical records and accident report
- Review surveillance videos
- Review toxicology reports
- Review personnel records
Damages You Can Recover in a Wrongful Death Claim in South Carolina
Damages awarded in a wrongful death claim include:
- Medical bills
- Funeral costs
- Mental anguish
- Pain and suffering
- Lost wages
- Lost benefits
- Punitive damage
- Loss of love and companionship
Our legal team can calculate your damages so that you know what you deserve. We can assess any settlement offer to see if it would fairly compensate you. You and your family have suffered enough of a loss; you shouldn’t have to struggle financially because a liable party does not offer fair compensation.
Our Wrongful Death Lawyers Can Help You Seek Justice
Pursuing a wrongful death claim can be a daunting process. You deserve to honor your loved one’s memory and grieve in peace. Still, a settlement can help your family cope in their absence. We can handle your case while you spend time with your loved ones. We understand how difficult it is to lose a loved one, and our legal team is ready to guide you through the claim process.
Our personal injury lawyers will not hesitate to take your case to trial to get the compensation you deserve. To learn more about our practice, contact George Sink, P.A. Injury Lawyers for a free consultation. We will be happy to discuss your legal options with you. You can reach us at (888) 612-7001.