Did you lose a loved one in a fatal accident in Lancaster, SC? Do you suspect that someone else was responsible for your loss? A Lancaster wrongful death lawyer at Elrod Pope Accident & Injury Attorneys can help your family fight for compensation. You may deserve compensation for lost financial support
For decades, our award-winning team of lawyers has recovered over $100 million in settlements and verdicts. We’re ready to put over 150 years of legal experience to work for your family today.
Let us lead the fight to recover the maximum compensation you deserve. Call our law office at (803) 902-7065 to schedule a free consultation today.
How Elrod Pope Accident & Injury Attorneys Can Help With My Family’s Wrongful Death Claim in Lancaster
The untimely loss of a loved one in Lancaster, South Carolina is incredibly traumatic. That pain and trauma can seem unbearable. Money can’t bring your loved one back, but it can offer relief during an incredibly difficult time. Fair compensation can also protect your family for years to come.
Getting the money you need won’t be easy. Let our Lancaster personal injury lawyers at Elrod Pope Accident & Injury Attorneys handle the challenges. We stand up to insurance companies and win on a regular basis. Now, we’re ready to fight for your family.
When you hire our law firm, you’ll gain a team of advocates to:
- Identify all parties who share fault for your loved one’s death
- Assess your case value and document your losses
- Collect evidence to support each element of your case
- Hire leading experts when expert opinions are required to prove your case
- Fiercely defend against victim-blaming tactics designed to reduce your case value
- Negotiate for a full insurance settlement
- Take your case to trial and fight before a judge and jury if necessary
Members of our legal team have been recognized by the Multi-Million Dollar Advocates Forum, Super Lawyers, and The National Trial Lawyers.
We know it can be tough to contemplate a legal battle right now, but call our Lancaster personal injury attorneys to learn more about how we can help. We offer a free consultation.
How Is Wrongful Death Defined in South Carolina?
Under South Carolina law, a wrongful death is any death that:
- Was caused by the wrongful act, neglect, or default of another
- Would have given the victim the right to file a personal injury lawsuit had they lived
Any number of scenarios can lead to a tragic loss of life. Most wrongful death cases involve accidents. That said, if someone intentionally killed your loved one, they can also be held financially responsible.
Our lawyers in Lancaster handle all types of wrongful death claims, including those involving:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dangerous property conditions (premises liability)
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Sports accidents
- Construction accidents
- Work-related accidents
- Dog bites and attacks
- Exposure to toxic materials
- Poisonings
- Defective products (product liability)
- Nursing home abuse and neglect
- Firearm violence and criminal assault
Regardless of the underlying cause of death, wrongful death cases are always civil matters. Even if the defendant faces criminal liability, they can be held liable for compensation in civil court.
Overview of the Process for Filing a Wrongful Death Claim in South Carolina
Wrongful death cases are similar to personal injury cases. However, there are important differences because, obviously, the victim isn’t here to take legal action on their own behalf.
Instead, the victim’s personal representative (or executor of their estate) files the formal lawsuit.
Any compensation that is recovered is distributed to the victim’s:
- Surviving spouse
- Children
- When there is no surviving spouse or child, parents
In cases where the victim has no surviving spouse, child, or parents, the compensation is distributed according to their will or to their next of kin if the victim did not leave a will.
Wrongful death cases can quickly become complicated. Our team at Elrod Pope Accident & Injury Attorneys is prepared to handle all of the details. While you focus on your family, count on us to fight for every dollar you deserve.
What Is My Lancaster Wrongful Death Case Worth?
The value of your wrongful death claim will depend on many unique factors.
When our lawyers are assessing your case value, we’ll analyze:
- The circumstances of your loved one’s death
- The nature of your family’s financial losses
- The nature of the at-fault party’s actions
- Your loved one’s age and life expectancy at the time of death
- Your loved one’s expected future earning capacity
- The identities of surviving dependents and their ages
- The ways your loved one contributed to your household and family life
We know that even attempting to put a dollar value on your loss can be extremely painful. For many families, however, recovering full compensation is critical to the future. It’s also the only real way to hold the at-fault party accountable in most cases.
To learn more about how much compensation you might deserve, call our law firm in Lancaster. Your case evaluation is completely free of charge.
What Types of Compensation Should I Expect if My Family’s Lancaster Wrongful Death Case Is Successful?
Both economic damages and non-economic damages may be available if your case is successful. The exact nature of the damages you recover will depend on the types of losses your family has experienced.
Some examples of the damages that may be available include:
- Medical bills in cases where your loved one was not killed instantly and required medical care for a period of time before death
- Loss of the victim’s financial support and employment benefits
- Funeral expenses and burial costs
- Loss of your loved one’s companionship, comfort, and support, or loss of consortium
- Loss of parental guidance, knowledge, and instruction when the victim had children
South Carolina courts can award punitive damages in cases involving intentional wrongdoing or outrageously negligent behavior. Punitive damages are awarded solely to punish the defendant for their shocking acts.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Lancaster?
Most wrongful death lawyers operate on a contingency fee model. When you hire us, you’ll agree to pay a set percentage of any compensation we recover for you. That way, your family never has to worry about racking up huge legal fees.
Can I Recover Damages for Wrongful Death If My Loved One Is Being Blamed for Causing Their Fatal Accident in South Carolina?
It’s possible to recover partial compensation even if your loved one did share some blame for the deadly accident.
South Carolina has modified comparative negligence laws. If the other side can prove your loved one did share some blame, they’ll be assigned a percentage of fault based on the evidence. Your compensation will be reduced by that percentage. Once your loved one’s share of fault is deemed to reach 51%, your family will lose the right to damages entirely.
Victim-blaming is a huge issue in wrongful death cases. The victim isn’t here to tell their side of the story or defend themselves. Our Lancaster wrongful death attorneys are prepared to defend against these hurtful allegations. Contact us today to learn more about how we can fight for you.
What Do I Have to Prove to Win a Wrongful Death Case in South Carolina?
Negligence theories are behind most wrongful death cases. When someone is killed because another party failed to use a reasonable amount of caution, we’re here to help the survivors prove it.
Proving negligence requires proof of four separate elements:
- The defendant’s legal duty of care
- Some type of careless, reckless, or wrongful act that amounted to a breach of duty
- Causation, meaning that the breach directly caused the death
- The damages your family has endured as a result
You may or may not already have evidence to support your claim. Our lawyers have the tools to launch our investigation and collect the necessary evidence.
We’ll locate and evaluate the following:
- Any accident reports or police reports
- Available video footage or photos of an accident scene
- Eyewitness testimony
- Medical records
- Employment records
- Physical evidence from an accident site
- Inspection or maintenance records
- Statements from experts on accident reconstruction
The standard of proof is lower in wrongful death cases when compared to criminal cases. Still, you’ll need strong evidence before the insurance companies will hand over a fair amount. Count on our lawyers to lead the way and help your family get the money you deserve.
What Is the Deadline to File a Wrongful Death Lawsuit After a Fatal Accident in South Carolina?
In South Carolina, you have three years to file a wrongful death lawsuit. The three-year clock starts to run on the date your loved one died. After the three-year statute of limitations expires, you may be prohibited from seeking compensation for your loss.
Contact a Trusted Lancaster Wrongful Death Attorney for a Free Case Review
It’s important to understand your legal rights after the devastating loss of a loved one. Our Lancaster wrongful death attorneys are here to stand by your side at every stage of the legal process. Call Elrod Pope Accident & Injury Attorneys today for a free case evaluation to learn more about legal representation.
