Charleston Wrongful Death Lawyers

Losing a loved one is tragic, and when your loss was caused by an accident that could have been prevented, it can make the devastation even worse. If you have lost a loved one due to the negligent acts of someone else, you and your family deserve justice.

Starting the process of filing a wrongful death claim can seem overwhelming, confusing, and draining. It doesn’t have to feel that way. We understand that losing a loved one can turn your world upside down, and we are here to help in every way that we can. We will have your back throughout your case and beyond. 

Sometimes just talking to someone who understands your situation can help. Our experienced lawyers are here to listen to you, explain your options, and answer any questions you may have. To schedule a free consultation, our team is available 24/7 via phone at (843) 888-9000. For your convenience, you may also submit an online form, email info@ctlawsc.com, or start an online chat to get in touch with an experienced wrongful death lawyer as soon as possible.

What Is Wrongful Death?

In South Carolina, you may bring a wrongful death lawsuit against a person and/or other party when their negligent, wrongful, or illegal act caused someone else’s death. In a wrongful death case, the representative of the estate can seek compensation for the loss by filing a wrongful death case. Some of the available damages can be the costs of medical treatment prior to the death, funeral, and burial costs. The personal representative can also make claims for loss of companionship, emotional support, and pain and suffering.

Who Files a Wrongful Death Claim?

The executor or administrator, typically listed on the estate plan, of the decedent’s estate can file a wrongful death claim in court on behalf of family members. If there is no estate plan, then the court may appoint an administrator.

Who Is Eligible To Receive Compensation?

In a wrongful death claim, those eligible for compensation can include:

• The husband or wife of the deceased and
• The child or children of the deceased
• The parent(s) of the deceased if there is no spouse or child
• Heirs of the deceased if no other eligible family member survived

If the child was an adult (at least 18) at the time of his/her death, parents may still claim damages in a wrongful death lawsuit. This is true unless the parent(s) abandoned their child before they turned 18.

What Are Causes of a Wrongful Death?

It never gets easier seeing a family grieve a loved one; however, our team takes pride in being able to help our clients and their family recover and get justice. Many Charleston wrongful death cases follow serious:

• Car Accidents
• Truck Accidents
• Slip and Fall Accidents
• Pedestrian Accidents
• Motorcycle Crashes
• Workplace Accidents
• Nursing Home Abuse/Negligence

If you’re unsure if you have a wrongful death case, it is in your best interest to discuss your situation with an experienced lawyer. They will help you understand your options and the path ahead.

How Do You Prove Wrongful Death?

The “duty of care” standard holds South Carolina residents and visitors to the standard that they must act a certain way. 

A lawyer will prove a wrongful death through:

• Duty: Proving the defendant owed a duty of care to the decedent. For example, if they were driving, they have a duty to follow traffic signals. 
• Breach of Duty: Negligence means that the at-fault party did not meet and/or breached a duty of care. For example, if they were driving and ran a red light.
• Causation: Proving the at-fault person’s breach of duty directly caused the death.

As you can see, this is relatively broad, which is why it’s best to have a knowledgeable lawyer on your side using their experience to optimize your claim and fight on your behalf. At Cavanaugh & Thickens, we will do just that, and we won’t settle for less than you deserve. To schedule your free consultation with our award-winning lawyers, please call our office at (843) 888-9000 today. 

How Will a Lawyer Help?

It’s impossible to place a value on a life. A Charleston wrongful death lawyer will help you claim many forms of compensation for the damages you and your family has suffered that are available to you under South Carolina, some of which you may not know you qualify for, including:

• Funeral and burial expenses
• Medical expenses, including any treatment supplied prior to their passing
• Lost wages and benefits
• Property damage
• Misc. financial losses related to the death
• Pain and suffering
• Loss of support or companionship
• Punitive damages (payments made to punish the responsible party for their recklessness)
• And more

Proving negligence is difficult. On top of that, it can feel impossible to value your damages. A lawyer will help ensure you’re getting the maximum of what you’re entitled to. We won’t settle for anything less than a secure, full, and fair result.

What is the Time Limit to File a Wrongful Death Claim?

Generally, you have three years from the date of your loved one’s passing to file a wrongful death claim in South Carolina. However, if the death occurred at a government facility, such as a state or county medical facility, the statute drops to two years. There are many benefits to beginning this process as early as you are able to, such as to preserve critical evidence and have ample time to fully optimize your claim.

Contact An Experienced Wrongful Death Lawyer For Free

Our team fights hard every day to get accident victims and their loved ones the justice that they deserve. With our team, you can expect us to:

• Frequently update you on the status of your case and what to expect next
• Manage communication with the parties involved to best protect your rights and interests
• Obtain and analyze all relevant evidence, using it to build the best case for your claim
• Provide compassionate, honest guidance on important decisions throughout your case
• Prove and value all past, present, and future damages and losses
• Treat you like family so you know your in great hands

To schedule your free consultation with one of our award-winning lawyers today, please call our office at (843) 888-9000. We are available for you 24/7.

Other Frequently Asked Questions