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Wrongful Death Attorneys in Charleston, SC

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 Charleston wrongful death attorneys 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 , 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 the 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:

If you’re unsure if you have a wrongful death case, it is in your best interest to discuss your situation with a wrongful death attorney. 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.

An attorney 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 Charleston wrongful death 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 attorney 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
  • 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 wrongful death attorney 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 Our Charleston Wrongful Death Lawyers 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 Charleston wrongful death lawyers today, please call our office at (843) 888-9000. We are available for you 24/7.

Other Frequently Asked Questions

How Much Does it Cost to Hire a Lawyer?

Our law firm works on a contingency basis, meaning you won’t pay any upfront fees or out-of-pocket costs. Instead, at the end of your case, we receive a percentage of the total compensation recovered. To learn more, please contact our office.

How Long Do These Cases Take?

There is no way to predict how long a wrongful death case will take because each case is unique. A general timeframe is between a few months and a few years. The length of your case can be influenced by many factors, including but not limited to, the following:

  • How many negligent parties are involved;
  • How much evidence is needed to optimize your claim and how easy that evidence is to obtain;
  • Whether liability is admitted, clear, or contested; and,
  • Can we reach a fair settlement out of court?

What Are Common Mistakes to Avoid in a Wrongful Death Lawsuit?

Based on over 60 years of combined experience handling personal injury claims and wrongful death suits across SC, there are a few common mistakes we recommend you avoid as to not damage your wrongful death claim.

  • Do not talk to the insurance company – your lawyer should be a part of, if not leading, all discussions with the insurance company.
  • Do not speak publicly – whether it be to the local news, media, or a public statement, unfortunately your words will be used against you during your case.
  • Do not argue with family – try to avoid fights and miscommunication to ensure a smooth legal process.
  • Do not accept a settlement without considering your options/talking to your attorney – what insurance companies initially offer is typically far less than the value of the claim. If the insurance company refuses to offer a fair amount, we will likely recommend filing a suit.
  • Don’t wait too long to file a claim or speak with one of our wrongful death attorneys.
  • Don’t attempt to handle your wrongful death case on your own – you and your family should be focused on healing, not the intricate legal process that’s designed to be difficult for you to take on alone.

What is a survival action?

A survival action is separate from a wrongful death claim and provides reimbursement for losses the decedent suffered between the injury and death. This can include but is not limited to lost wages, pain and suffering, and more. During your free consultation with our office, we will be able to give you more information specific to your situation.