Wrongful death is an extremely painful experience for the loved ones a victim leaves behind. If you are grieving for a loved one whom you lost to wrongful death, you need to get the compensation you deserve. That’s why it’s so important to get legal representation from a reliable Lancaster, SC wrongful death lawyer.
Wrongful death claims are brought against a defendant who has caused someone’s death either negligently or through intentional harm. These claims allow the estate of the deceased person to file a lawsuit against the party that is responsible.
When is a Wrongful Death Claim Applicable?
A wrongful death claim is applicable when a victim who would otherwise have a personal injury claim is killed as a result of negligence or an intentional harmful act on the part of the defendant. Here are some examples of what would be considered a wrongful death:
When a victim is intentionally killed: For example, OJ Simpson was sued for wrongful death for the murders of Nicole Brown and Ronald Goldman.
Medical Malpractice: These can occur if a doctor fails to diagnose a condition or is careless in the level of care provided and death occurs as a result.
Car Accident: If a car accident occurs as a result of one driver’s negligence, and the victim dies as a result, this would be considered a wrongful death.
Wrongful deaths can also be caused by:
- Defective products
- Slips and falls
- Medication errors and overdoses
- Drowning and boating accidents
- On the job accidents and illnesses.
Who Can File a Wrongful Death Claim?
A wrongful death claim is usually filed by the personal representative of the estate of the deceased victim. The deceased might have named this person in his or her estate plan as an executive or administrator of the estate.
Even if the representative is not a part of the deceased’s family, he or she will work on behalf of the family to make sure they are compensated for any damages done. Members of the family that may be due compensation include spouses, children, parents, or heirs-in-law.
What Must Be Proven in an SC Wrongful Death Case
Wrongful death claims can be complicated, which is why it’s important to have a reliable Lancaster wrongful death lawyer on your side.
One of the first steps to take is to find who is responsible for the wrongful death. In car accidents, it could be that the other driver is responsible. If defective products are the cause of death, the at-fault party could be the manufacturer of the product.
Once the at-fault party is determined, it is up to the plaintiff to meet the burden of proof. In the case of wrongful death, this is evidence that will prove that the victim died due to circumstances that could have otherwise been prevented.
Wrongful Death Damages in South Carolina
A reliable Lancaster wrongful death lawyer will also be helpful in determining what compensation loved ones are owed as a result of the death. Types of compensation can include:
- Pain and suffering damages
- Medical expenses
- Funeral and burial costs
- Loss of income
- Loss of companionship
Is There a Time Limit on Filing a Wrongful Death Claim in SC?
Yes, there is a three-year statute of limitations involved when filing a wrongful death claim. Although this seems like a long time, the clock is always ticking. This is why it’s a good idea to consult a Lancaster wrongful death lawyer sooner rather than later.
Finding the Right Lancaster, SC Wrongful Death Lawyer
If you are grieving over a loved one you have lost to wrongful death, we know it can be difficult to move on. One important step you will have to take is to see to it that justice is done.
The Elrod Pope Law Firm has a team of experts with years of experience dealing with wrongful death claims. Their compassionate Lancaster Wrongful Death attorneys will fight to make sure that you are properly compensated for your loved one’s death. They will work hard to gather evidence, find the at-fault party and make sure your financial needs are taken care of.
Elrod Pope knows it can be stressful dealing with legal issues when you are suffering emotionally. They do what they can to make the process as pain-free as possible and see to it that you and your loved ones get the closure they need to get through this difficult time.