Charleston Wrongful Death Lawyer
When someone dies as the result of another person or legal entity’s negligence or intentional misconduct, that victim’s survivors can seek financial compensation through a wrongful death claim. Of course, no amount of money can ever bring back a loved one or undo the damage that has been done. But the families can attain a measure of civil justice by holding the responsible parties legally accountable for their actions.
Our Charleston wrongful death lawyer can guide you through this process. The Stanley Law Group is a South Carolina personal injury firm with more than 60 years of combined legal experience in handling wrongful death claims. We understand that this is an emotionally and financially sensitive time for your family, and we offer skilled, compassionate representation as you seek to rebuild your lives in the wake of a preventable tragedy.
How Do Wrongful Death Claims Work in South Carolina?
Normally, when someone acts in a reckless or negligent manner that injures you, the law allows you to seek compensation by filing a personal injury lawsuit. But if the victim dies as a result of their injuries, however, they no longer have the ability to file such a lawsuit. Under South Carolina law, it then falls to the executor or administrator of the victim’s estate to bring a special type of personal injury lawsuit known as a wrongful death claim.
The estate may be responsible for filing and pursuing a wrongful death claim. But any damages recovered actually go to the victim’s surviving family members. In most cases this will be the victim’s surviving spouse and children. Some common damages awarded in South Carolina wrongful death claims include:
- the expenses of the victim’s funeral and burial;
- the victim’s final medical bills arising from the defendant’s actions;
- the family’s loss of the victim’s financial support;
- the family’s loss of the victim’s care, companionship, and protection; and
- the family’s pain, suffering, and grief.
In some cases, a South Carolina court may also award exemplary or punitive damages to punish especially egregious acts of wrongdoing. For example, if the victim’s death was caused by a drunk driver, that can satisfy the legal standard for punitive damages.
It is also important to note that since wrongful death is a matter of civil law in South Carolina, it does not matter if the defendant was previously charged with, or convicted of, a criminal offense in connection with the victim’s death. The constitutional bar against “double jeopardy” does not apply to wrongful death claims. And since civil lawsuits have a lower burden of proof than criminal prosecutions, it is possible for a jury to find a defendant liable for wrongful death even if they were acquitted by a criminal jury or murder or manslaughter.
Let Our Charleston Wrongful Death Lawyers Help You Today
South Carolina law imposes a 3-year deadline to file a wrongful death lawsuit. But it is important not to delay in taking action. If you have recently lost a loved one due to someone else’s actions, you should speak to an experienced Charleston wrongful death lawyer as soon as possible. Call the Stanley Law Group at 803-799-4700 or contact us online today to request a free consultation.
