Columbia Wrongful Death Lawyer
When a person you care about dies unexpectedly due to someone else’s careless actions, there’s a sense of outrage at the injustice. However, you should know that South Carolina law allows certain survivors to seek justice ─ and financial compensation ─ through a wrongful death lawsuit against the negligent party.
Sadly, these cases are often very emotional and may involve multiple family members, all of whom have their own unique perspectives and concerns. Our experienced and compassionate Columbia wrongful death attorneys are here to explain your legal options and help your family navigate this difficult time. The consultation is free, with no obligation to you. But remember that time is limited, so do not wait too long to get the help your family needs.
Who Can File a Wrongful Death Lawsuit in Columbia, S.C.?
Although everyone in the family may share in the tragic loss of a loved one, only certain people can technically bring a wrongful death lawsuit under South Carolina law. The law requires that wrongful death cases be brought by the executor or representative of the deceased’s estate. In most cases, this will be a trusted relative named in a will. If there is no will, the State of South Carolina outlines the order in which family members can be selected to serve in this capacity.
The law outlines the beneficiaries of a wrongful death action to include:
- The surviving spouse and children.
- If the decedent didn’t have a surviving spouse or children, then surviving parents can benefit from a wrongful death claim.
- If there are no surviving parents, then other heirs may be entitled to bring a claim, including siblings and other close relatives.
If you want to learn more about whether you are entitled to file a wrongful death claim, please contact our law firm today to discuss the details of your case.
What Types of Damages Can You Recover in a South Carolina Wrongful Death Claim?
A wrongful death claim is a type of legal action that seeks monetary compensation for the death of a close relative. Surviving family members may be entitled to bring a claim against a wrongdoer who intentionally or negligently caused a person’s death.
Damages can include:
- Compensation for loss of financial support
- Reimbursement for final medical expenses
- Payment for out-of-pocket expenses incurred by the family
- Funeral and burial costs
- Loss of companionship, love, and affection
Time Limits in Columbia Wrongful Death Cases
There are strict time limitations on how long you can wait to bring a lawsuit for wrongful death. In South Carolina, surviving loved ones have just three years from the date of the death to file a lawsuit. While this may sound like a long time, it’s really not. Here are some considerations you should understand:
- Grief takes time. A lot of people struggle to get back to their day-to-day lives after losing a loved one, and that grief can linger for a long time. It can be difficult to cope with all of the financial, medical, and other obligations that come from an unexpected death. Plus, if the person who has died was a parent, spouse, or primary caregiver for small children, the loss can be so overwhelming that survivors almost cannot function.
- Investigations also take time. Once you decide to work with our wrongful death attorney, our team will need time to thoroughly investigate your claim. We will need to request medical bills, medical records, and reports from medical specialists. Our lawyers may also need to consult with forensic specialists and other specially trained professionals to help build a strong case on your behalf.
Therefore, if you have lost a loved one, you should contact our experienced wrongful death attorneys in Columbia right away to begin work on your behalf. At Stewart Law Offices, our team works hard to take the burden off your family during this difficult time. Call now for a no-risk and no-obligation free consultation.
What Types of Accidents Can Result in a Wrongful Death?
Our respected Columbia wrongful death law firm handles a wide variety of cases stemming from all types of catastrophic workplace accidents. These include:
- Car accidents – There are upwards of 40,000 fatalities on American roadways every year. Traffic accidents tend to be one of the most common forms of wrongful death cases. When negligent, impaired, distracted, or otherwise careless drivers fail to follow the rules, they can cause horrible injuries that ultimately result in the tragic loss of life.
- Truck accidents – Because they are so disproportionately large in comparison to traditional passenger vehicles, trucks can cause catastrophic damages when they are involved in crashes. Semi-truck collisions and accidents involving commercial vehicles can be very serious and deadly.
- Motorcycle crashes – Without any structural compartment offering protection, a motorcyclist is at the mercy of the elements and any vehicle that hits him or her. Even minor collisions at low speeds can be fatal to a motorcyclist. A simple rear-end collision can lead to crushing injuries, amputations, head traumas, and death.
- Pedestrian and bicycle accidents – Much like motorcyclists, pedestrians and bicyclists have very little to protect them in the event of a crash. Thus, many of these accidents end up being fatal.
- Medical malpractice – People go to doctors and hospitals to get better, but for as many as a quarter of a million people each year, medical errors result in deaths. When a loved one dies due to medical errors, misdiagnosis, or other medical negligence, the family has a right to seek full and fair compensation for the losses suffered.
- Slips and falls – Falls from balconies, stairs, and other heights claim many lives each year. Falls are especially dangerous for elderly and frail individuals who may already be facing health conditions. A serious fall with a fracture can spell disaster for an aging senior, leading to a decrease in mobility and other health consequences. In many cases, the fall eventually leads to a painful and untimely death.
- Nursing home abuse or neglect – Families trust that the nursing home staff and management are committed to providing their loved ones with a safe and secure environment. Unfortunately, that is not always the case. Abuse and neglect at nursing homes are inexcusable, and in the worst cases, they can lead to the death of a vulnerable loved one.
We do not charge anything for an initial consultation, so there is no risk of talking to an attorney about your family’s options. Contact Stewart Law Offices, today to learn more about our law firm and set up a free initial consultation with an experienced wrongful death attorney in Columbia.
Contact Our Columbia Wrongful Death Lawyers
It can be tough to know how to move forward after a serious injury or death, but the compassionate lawyers of Stewart Law Offices, are here to help you understand all of your options. Our wrongful death lawyers in Columbia are committed to fighting for families who are struggling to cope with the unexpected loss of a loved one.
When you hire our firm, we immediately make your case a priority
- Always being available to talk when you need us. We know it can be an overwhelming process, so you can rest assured that our attorneys and professional staff will give you the care and attention that you deserve.
- Explaining things in a way that makes sense. There is no need for legalese. Our trusted wrongful death attorneys can help to make sure you understand what is going on and what rights you have from start to finish.
- Helping to resolve your case. Whether it is through a swift wrongful death settlement or a jury trial, our legal team will work tirelessly in our pursuit of justice for you.
Whether you are looking for information about your legal rights, trying to better understand how long you have to take action, or just need advice on how to deal with the unpaid medical bills and other expenses caused by a wrongful death, let our caring team of professionals help you and your family today.