Are you struggling with the sudden and traumatic death of a close family member after an accident in Lake Wylie, South Carolina? Did their death happen because someone else was careless? Contact Elrod Pope Accident & Injury Attorneys today at 803-324-7574. Your family may be entitled to compensation. While money won’t turn back time, it can help you navigate the financial burdens and suffering you experience in the wake of your loss. Our Lake Wylie wrongful death lawyers are here to help you maximize your recovery.
For more than four decades, families have trusted Elrod Pope Accident & Injury Attorneys to help them fight back after deadly accidents across the state of South Carolina. We’re compassionate, skilled litigators with over 150+ years of experience, and we’re not afraid to do everything in our power to make a difference in our clients’ lives. Our case results include over $100 million in personal injury settlements and jury verdicts.
Discover how our family can help yours in the wake of tragedy, too. We offer a complimentary case evaluation, so contact our Lake Wylie law office for help today.
How Elrod Pope Accident & Injury Attorneys Helps Families After Fatal Accidents in Lake Wylie, SC
Just because you’ve suffered a traumatic loss, don’t expect everyone to fight for your best interests. Instead, be prepared for at-fault parties and insurance companies to try to take advantage of you during this difficult time. They’ll work hard to get you to walk away without compensation or to get you to accept way less money than your wrongful death claim is worth.
Focus on grieving your loss and trust an experienced Lake Wylie personal injury lawyer to fight for you.
Choosing Elrod Pope Accident & Injury Attorneys means working with top-rated South Carolina trial attorneys who genuinely care about you and your story. Top-tier case results and unwavering dedication to our clients have earned us the respect and recognition of The National Trial Lawyers, Super Lawyers, the National Association of Distinguished Counsel, the Multi-Million Dollar Advocates Forum, and other revered legal organizations.
When you ask for our help after a family member’s wrongful death, we’ll be ready to step up and fight to achieve the best possible case results for you.
We will:
- Investigate the circumstances of your loved one’s premature death
- Gather evidence that can help us prove your case and damages
- Enlist the help of expert witnesses
- Answer your questions and keep you updated on the status of your case throughout the legal process
- Determine the best way to dispute claims of contributory negligence
- File your family’s wrongful death lawsuit with the local York County court clerk
- Fight to secure the best possible settlement for your family during negotiations with the defense
If you don’t receive a fair settlement offer, our award-winning South Carolina trial attorneys will be more than ready to take your wrongful death lawsuit to court.
There’s no out-of-pocket cost to hire our South Carolina wrongful death attorneys in Lake Wylie, SC. We represent clients on a contingency fee basis. We’re only paid for our hard work when we recover compensation for your wrongful death case.
There’s no charge for your initial case review, so contact us for assistance today.
What is a Wrongful Death Lawsuit?
Under South Carolina tort law, an injury victim has the right to pursue compensation when someone else’s negligent or wrongful actions cause them to get hurt. This not only helps the victim deal with the economic and non-economic consequences of their injuries but also holds the at-fault party accountable for their actions.
The right to sue doesn’t disappear when an act of negligence or violence is fatal. Instead, South Carolina allows this right to shift to another party. This happens through a wrongful death lawsuit. South Carolina defines “wrongful death” in S.C. Code Section 15-51-10 as a death “caused by the wrongful act, neglect or default of another.” A wrongful death lawsuit can be brought when the victim would have had the right to seek damages if they’d survived.
Not just anyone can file a wrongful death lawsuit. In South Carolina, this right belongs to the victim’s personal representative. Typically, this is a person previously appointed in the victim’s will or, if the decedent dies intestate, appointed by the court. The wrongful death lawsuit allows the personal representative to pursue damages on behalf of the decedent’s heirs and also to hold the at-fault party accountable for the harm they’ve caused.
What Are the Leading Causes of Wrongful Death?
Wrongful death claims can arise whenever a death is caused by negligent or wrongful actions. At Elrod Pope Accident & Injury Attorneys, we proudly advocate for families who’ve suffered the wrongful death of loved ones because of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Mass transit accidents
- E-bike accidents
- Boating accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Dog bites
- Negligent security
- Assault
- Sexual assault
- Product liability
- Catastrophic injuries
If you believe that your family member’s death could have been avoided and that you may have the right to benefit from a wrongful death lawsuit, don’t hesitate to call our Lake Wylie law office. Our legal team is always available to take your call, answer your questions, and help you figure out the best steps forward.
Can Shared Fault Limit My Family’s South Carolina Wrongful Death Settlement?
Yes. South Carolina’s modified comparative negligence statute applies to most civil personal injury disputes, including cases involving wrongful death.
In these situations, the decedent’s shared fault affects the future of a related wrongful death lawsuit. Pursuant to state law, damages can be paid on a limited basis, up to 50 percent. When the decedent’s shared fault exceeds half, surviving family members lose the right to receive compensation through a wrongful death claim.
When the decedent’s shared fault is less than 51 percent, damages can be paid to the family, but they’ll be reduced proportionately to fault. So, if a decedent is assigned 10 percent of the blame for their fatal accident, the family’s wrongful death damages will be reduced by 10 percent.
Our wrongful death attorneys in Lake Wylie will work hard to dispute claims of shared fault and protect your loved one’s good name. We’ll work hard to limit how much, if any, impact these claims of contributory negligence have on your wrongful death claim. The less responsibility they’re assigned for their fatal injuries, the more compensation you and your family can potentially get when your wrongful death claim is resolved.
What Types of Damages Can I Get If I Win My Wrongful Death Lawsuit?
Wrongful death cases are unique in that they’re designed to compensate a victim’s family rather than the victim themself. So, the types of damages that can be awarded are structured to accomplish this goal.
Damages can include economic and non-economic awards for:
- The value of lost wages, financial support, and benefits the victim would have used to support their family if they’d survived
- The value of household services and support provided by the victim
- Costs of the victim’s funeral and burial
- Medical bills for care provided before the victim’s death
- Loss of companionship, care, and guidance
- Loss of consortium
- Emotional distress
A related survival action can also be brought to recover compensation the victim would have been entitled to get if they’d lived, including for the pain and suffering they endured before they died.
Additionally, your family could potentially receive punitive damages if your wrongful death lawsuit gets to trial. A jury can award these exemplary damages when there’s clear evidence that a defendant acted with malice or displayed a conscious disregard for a victim’s life.
What’s the Statute of Limitations for Wrongful Death Lawsuits in South Carolina?
The personal representative of a decedent’s estate has three years to file a wrongful death lawsuit in the state of South Carolina. The three-year statute of limitations begins to run on the date of the victim’s death. If the filing deadline isn’t met, the family loses the right to get compensation for the costs and suffering they’ve endured as a result of their devastating loss.
Schedule a Free Case Review With an Experienced Lake Wylie Wrongful Death Lawyer
Call Elrod Pope Accident & Injury Attorneys if you’ve recently experienced the wrongful death of a spouse, child, parent, or another close family member in Lake Wylie, South Carolina. You deserve justice, and our Lake Wylie wrongful death lawyers want to help you fight for every cent you deserve.
Our top-rated South Carolina trial lawyers have over 150 years of combined experience fighting for injury victims and their families. As dedicated legal advocates, we’ve won more than $100 million in damages for our clients.
Today, we stand ready to help your family take the next steps in your fight for compensation. Call our law office serving Lake Wylie, SC, to learn more. There’s no charge for your initial case review.
