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Losing a loved one suddenly is always difficult for families, regardless of the cause of death. The grief can feel overwhelming when another person or company’s recklessness causes an avoidable and tragic accident. Not only do you and your family face sorrow and heartache, but you may also face financial trouble and other losses. This is especially true when the deceased was the primary provider.
If someone’s thoughtless or intentional actions caused the death of a loved one, you have the right to seek legal action with help from a personal injury attorney. Schedule a consultation with an experienced Goose Creek wrongful death lawyer to get the guidance and support you deserve.
Wrongful death is a civil lawsuit that certain surviving family members can file to collect a settlement from the at-fault party. According to the South Carolina Code § 15-51-10, if the decedent would have had cause for a personal injury civil claim if they had lived, then there is legal cause for a wrongful death action. The elements of wrongful death include the following:
South Carolina wrongful death statutes require the estate executor to petition the court on behalf of the spouse, children, and other estate heirs. If the deceased did not name an estate executor in their will, the civil court will appoint someone to handle the duties, usually an estate beneficiary.
One of the most common wrongful death causes is car crashes caused by intoxicated or distracted drivers. Other causes include medical malpractice, premises liability, accidental swimming pool drownings, trips and falls, and pedestrian or bicycle accidents. Criminal or intentional actions, such as violent attacks and assaults, are another leading cause.
A Goose Creek wrongful death attorney can review the state laws and regulations during your consultation and answer specific questions about your case.
The settlement amounts for wrongful death cases can vary considerably. The court awards monetary damages based on the specifics of the case. An experienced wrongful death attorney in Goose Creek can help pursue money for the following:
The civil court seeks to award monetary damages to compensate surviving families for their current and future financial losses as well as psychological and emotional anguish.
The court-imposed deadline for filing a wrongful death lawsuit in South Carolina is three years from the date of the individual’s death. A wrongful death lawyer in Goose Creek will handle the legal work and ensure compliance with the statutory rules to hold the at-fault party financially accountable.
If someone else’s careless or deliberate actions caused the loss of a loved one, you have every right to hold them legally and financially accountable.
You do not have to face this difficult time alone. A hard-working and compassionate Goose Creek wrongful death lawyer understands what you are going through. With over 30 years of local experience, Miller | Conway can take the legal work off your hands and provide sound legal advice and guidance throughout the process to achieve a just outcome in your case. Contact us today to get the help you need.