Wrongful Death Lawyers in Gaffney, SC
Our Gaffney Wrongful Death Lawyers Can Help
There are few situations in life that are more painful than losing a family member. It is common for surviving family members to experience financial and emotional turmoil. These feelings can be intensified when negligent or reckless actions are responsible for the loss. However, you may have legal options you could pursue to hold the other party accountable.
Common reasons for filing a wrongful death claim include car accidents, medical malpractice, truck crashes, defective products and slip and fall accidents. Although a lawsuit may not make you whole again, it can help pay for damages that include lost income, medical expenses and loss of future earnings. However, it can be difficult to recover compensation without the help of a skilled attorney. This is especially true if the defendant has access to considerable financial and legal resources.
The Gaffney wrongful death lawyers at Winter & Rhoden LLC are committed to helping our clients recover fair compensation. We can help you determine whether you have legal options to pursue a wrongful death claim.
What Are the Common Reasons for Filing a Wrongful Death Claim?
Wrongful death claims deal with situations where a person dies due to the “wrongful” action or neglect of another party. As a general term, wrongful death claims may encompass a variety of scenarios. Surviving family members could potentially pursue a wrongful death claim for:
- Medical malpractice
- Car or truck accidents
- Bicycle or pedestrian accidents
- Defective consumer products
- Fatal workplace accidents
- Fatal boating accidents
- Nursing home abuse or neglect
If another party’s neglect, reckless behavior or negligent actions led to the death of a loved one, then you may be able to pursue a claim against that party. However, there are certain rules for filing a wrongful death claim in South Carolina.
How Do You File a Wrongful Death Claim in South Carolina?
There are requirements for filing a wrongful death claim. For instance, you must be within the statute of limitations. What this means is that you only have a limited period of time to pursue a claim for damages against the other party.
In South Carolina, you generally have three years from your loved one’s time of death to pursue a claim. The statute of limitations may be different if you are filing a claim for medical malpractice. It is also possible to toll (delay) the statute of limitations in some cases. You should speak with one of our attorneys if you have questions about the statute of limitations in South Carolina.
Only certain people can pursue a wrongful death claim, and only under circumstances permitted by South Carolina state law. Furthermore, the executor or administrator of the deceased family member’s estate must file the claim on your behalf. If you lost a parent, child, or spouse, then you may be able to pursue compensation against the responsible party. Additionally, heirs of the deceased person may also have options to pursue a claim. Our attorneys can help you determine if your situation permits you to seek compensation for your damages.
What Damages Does South Carolina Wrongful Death Compensation Cover?
The process for recovering compensation could vary depending on whether your case settles or goes to trial. Many wrongful death claims settle before going to trial. Most defendants, especially businesses, want to avoid excessive costs and bad publicity. If you obtain compensation from a wrongful death claim, then it may help pay for:
- Medical expenses. If your loved one incurred medical debt before death, then you may receive compensation for these expenses. Additionally, a verdict or settlement can help pay for counseling or psychological services.
- Funeral expenses. You most likely incurred funeral expenses after the death of your loved one. Wrongful death compensation can cover these expenses.
- Lost income. Was your loved one the family’s breadwinner? Wrongful death compensation may cover lost income, including loss of future earning potential and benefits.
- Noneconomic damages. Also called “pain and suffering damages”, noneconomic damages take your pain and suffering into account.
- Punitive damages. Also called “punishment damages”, punitive damages may factor into your case if it goes to trial.
The type of compensation you receive depends on the circumstances surrounding your case. You should speak with an attorney at our Gaffney wrongful death law firm if you have any questions.
Do I Need a Gaffney Wrongful Death Lawyer?
You must demonstrate that the other party’s neglect or intent led to the death of your loved one. What this means is that you must recover evidence that pertains to your claim. Evidence could include:
- Medical records
- Video footage
- Electronic communications
- Business documents
- Forensic evidence, such as tire tracks
- Witness and expert testimony
This is by no means an exhaustive list of evidence that could factor into your case. Evidence can be hard to obtain and protect, even immediately following the death of your loved one. For this reason, you should contact an attorney as soon as possible. Crucial evidence can disappear in a matter of hours or days.
You should also be very selective when choosing an attorney to handle your case. An experienced attorney knows how to obtain and protect important evidence. Strong cases are more likely to end in a favorable settlement or jury verdict.
About Our Gaffney Wrongful Death Lawyers
The Gaffney wrongful death lawyers at Winter & Rhoden LLC may be able to help if you believe negligent or reckless behavior caused the death of your loved one. We offer free consultations that can help you determine your legal options.
Additionally, we take wrongful death cases on a contingency fee basis. You do not owe us attorneys’ fees unless we obtain compensation for your loss. To schedule a free consultation with us, dial (864) 489-8128 or use the confidential contact form on our site.