Fort Mill Wrongful Death Lawyer

Are you grieving the loss of a loved one in Fort Mill, SC? Was someone else responsible? An experienced Fort Mill wrongful death lawyer can help you fight for full compensation. Our team at Elrod Pope Accident & Injury Attorneys has the tools to help you fight for every dime you deserve. Call us today at (803) 324-7574.

Collectively, we bring over 150 years of legal experience to the table. We’ve been fighting to protect families like yours since back in 1980–and we’ve already recovered over $100 million in settlements and verdicts for our clients.

We’re dedicated to providing the legal support you need during this difficult time. Call our law firm in Fort Mill, South Carolina, to schedule your free consultation today.

Why Call Elrod Pope Accident & Injury Attorneys for Help With a Wrongful Death Case in Fort Mill?

Why Call Elrod Pope Accident & Injury Attorneys for Help With a Wrongful Death Case in Fort Mill?

We know money won’t turn back the clock and bring your loved one back. It can, however, offset the sudden financial burden many families experience after a tragic loss. Seeking compensation is also often the only path to justice.

At Elrod Pope Accident & Injury Attorneys, we have over a century of combined experience handling complex and sensitive wrongful death cases. You can contact a Fort Mill personal injury attorney to put every ounce of experience to work for your family.

We’ve earned our proven record of success by:

  • Working closely with our clients so that we can fully understand their losses
  • Conducting thorough investigations to identify all responsible parties
  • Working with leading experts in medicine, economics, accident reconstruction, and other relevant specialties
  • Fiercely defending victims against blame-the-victim allegations 
  • Carefully documenting losses and calculating the full value of insurance claims
  • Rejecting any lowball settlement offers
  • Negotiating aggressively for the maximum compensation available

Our Fort Mill personal injury lawyers won’t back down until we’ve done everything possible to recover the full compensation your family deserves. That includes taking your case to trial if necessary. To learn more about how we can help, contact us today for a free case review.

What Is Wrongful Death in South Carolina?

Under South Carolina law, a wrongful death is any death caused by the wrongful act, neglect, or default of another. Because the victims can no longer file a personal injury lawsuit themselves, surviving family members inherit the right to take legal action.

Any number of scenarios can give rise to a valid wrongful death lawsuit, including:

While wrongful death cases can be based on intentional wrongdoing, most involve accidental deaths. Regardless of the underlying facts, wrongful death cases are handled by civil courts. However, you have the right to file a wrongful death claim even if the defendant also faces criminal charges.

How Much Money Can Families Get by Filing a Wrongful Death Claim in Fort Mill?

Putting a dollar value on the loss of a loved one can be extremely complex. However, it’s critical to understand your case value before you start negotiations with the insurance companies and defense lawyers.

Some factors are relevant in almost every wrongful death case, including:

  • The victim’s age at the time of death
  • The identity of any surviving family members, including a spouse and children
  • The victim’s earning capacity prior to death, considering education, past work history, and prior earnings
  • How the victim contributed to the household and the value of services provided to the family
  • The nature of the at-fault party’s actions that caused the death
  • How the victim’s family has suffered in the wake of their loss
  • Medical expenses and other out-of-pocket expenses related to the loss

The more extensive the losses suffered by your family, the higher your settlement or verdict is likely to be. It’s always important to discuss your case with an experienced Fort Mill wrongful death attorney before taking a settlement. While the amount may seem high, it may not account for all of your losses.

To discuss your specific case, contact Elrod Pope Accident & Injury Attorneys to schedule a free case review today.

How Do Wrongful Death Cases in South Carolina Work?

In South Carolina, the victim’s personal representative or the executor of their estate actually files the wrongful death lawsuit. First, we’ll identify the personal representative and start gathering evidence to support your claim. Once we’ve built your case, we’ll file the formal wrongful death claim against the responsible parties and start the negotiation process.

When we recover compensation, the victim’s survivors actually receive the proceeds.

In South Carolina, the following parties are entitled to the compensation recovered in a wrongful death case:

  • The surviving spouse
  • Children 
  • If there is no surviving spouse or child, the victim’s parents
  • The victim’s chosen heirs, if there is no surviving spouse, child or parent

When a family wins their case, the damages recovered are divided among the surviving heirs according to South Carolina intestate laws. 

What Types of Damages Are Available to Survivors in a Fort Mill Wrongful Death Case?

Like any personal injury case, the remedy in a wrongful death case is financial compensation. The victim’s survivors are responsible for establishing the nature of their losses and their financial value.

Some examples of the types of damages your family may recover include:

  • Medical bills if your loved one survived for a period of time before death
  • Funeral expenses and burial costs
  • Loss of financial support, including loss of the victim’s employment benefits
  • Loss of the victim’s companionship and support
  • Loss of parental guidance, knowledge, and instruction
  • Pain and suffering damages

South Carolina courts can also award punitive damages if the defendant’s acts are found to be reckless, willful, or malicious. Punitive damages, which are also called exemplary damages, are relatively rare. However, if they are available, our lawyers will pursue the maximum amount possible to punish the defendant for their wrongdoing.

How Much Does It Cost To Hire a Wrongful Death Lawyer in Fort Mill?

Like most South Carolina personal injury law firms, Elrod Pope Accident & Injury Attorneys works on a contingency fee basis. You can hire our lawyers without any upfront payment. Instead, we take a portion of the amount we recover in your case. If you don’t recover compensation, you don’t owe any attorney’s fees.

Can I Recover Damages If My Loved One is Being Blamed for a Deadly Accident in South Carolina?

South Carolina has modified comparative negligence laws. 

Your family can still recover damages if your loved one shares some blame for their own death. However, once their percentage of liability exceeds 50%, you lose your right to compensation. If your loved one shares even some blame, your compensation award will be reduced accordingly.

Insurance companies and negligent parties often don’t think twice about pointing the finger at the victim. That’s especially true in wrongful death cases, where the victims can’t defend themselves. 

This shared fault law makes securing experienced legal representation especially important. Our lawyers will be prepared to defend against these and other insurance tactics. 

How Do I Prove Negligence After a Fatal Accident in South Carolina? 

You’ve suffered a tragic loss. That said, you’ll still have to prove that someone else was responsible in order to recover financial compensation. Once you identify the cause, most families must prove negligence to recover damages.

In wrongful death cases, negligence means proving:

  • The defendant had a legal duty of care, meaning they had a duty to act as a reasonable person would have under the circumstances
  • They breached that duty through some act or omission
  • That breach of duty was the direct cause of your loved one’s death
  • The amount of damages your family suffered as a result

When you hire us, our lawyers will begin our own investigation into the circumstances of your loved one’s death. We’ll review accident reports, interview witnesses, and locate any evidence that can be used to prove your case. 

How Long Do I Have To File a Wrongful Death Lawsuit After a Deadly Accident in South Carolina?

You have three years from the date of your loved one’s death to file a lawsuit. As in any other personal injury case, once the statute of limitations runs out, you lose the right to sue for damages.

There are situations where the statute of limitations might be paused. For example, you may have more time to take legal action if the defendant is also charged with a crime. While the criminal case is pending, the statute of limitations is “tolled,” meaning paused.

Since you might have a different amount of time to file a lawsuit in your case, we recommend contacting us as soon as possible for help.

Call an Experienced Fort Mill Wrongful Death Lawyer for a Free Case Review Today

After the loss of a loved one, you shouldn’t have to worry about an insurance battle. An experienced Fort Mill wrongful death lawyer at Elrod Pope Accident & Injury Attorneys can handle the legal issues. All you have to do is contact our law firm to schedule your free initial consultation today.