Are you grieving the unexpected loss of a family member because of a fatal accident in York, SC? Call the top-rated legal team at Elrod Pope Accident & Injury Attorneys. Your family may be entitled to compensation. Our experienced York wrongful death lawyers can help you fight for the life-changing monetary award you need and deserve.
For decades, families in York have trusted Elrod Pope Accident & Injury Attorneys to help them navigate the aftermath of fatal accidents and criminal acts of violence. We’re award-winning South Carolina trial attorneys with more than 150 years of collective experience and a proven ability to make a difference in the lives of the families we represent. Our case results include over $100 million in settlement agreements and jury awards.
Now, we’re ready to help your family demand financial justice for your devastating loss. We offer a free consultation, so contact our York law office for help today at (803) 902-7399.
How Elrod Pope Accident & Injury Attorneys Helps Families After Fatal Accidents in York, SC
Even though you may have the right to seek compensation for your loved one’s wrongful death in York, South Carolina, the claims process won’t be without its challenges. The insurance adjuster might appear sympathetic to your loss, but they’ll do everything possible to prevent a financial recovery. Hiring an experienced York personal injury lawyer to handle your wrongful death claim can result in better case results.
Elrod Pope Accident & Injury Attorneys can offer compassionate, attentive, individualized legal representation backed by the resources and experience needed to maximize your fight for compensation. We aren’t afraid to challenge insurance companies, hospitals, employers, property owners, government agencies, and negligent motorists and force them to make things right when our clients are suffering. Members of our legal team have been recognized bythe Multi-Million Dollar Advocates Forum, Super Lawyers, The National Trial Lawyers, and the National Association of Distinguished Counsel.
When you ask for our help with your wrongful death claim, you’ll be able to count on our York personal injury attorneys to:
- Investigate the details of your family member’s death
- Gather evidence to build a persuasive legal claim for damages, such as witness statements, property damage, video footage, forensics reports, cell phone records, and medical records
- Consult professionals and expert witnesses who can lend critical insight into your case
- Calculate what your wrongful death case is likely worth
- Determine the best way to handle claims of comparative fault
- Help you and your family understand your legal rights and options
- Keep you updated on the status of your case and offer advice so that you can make informed decisions throughout the claims process
- Actively seek a maximum settlement during negotiations
- Represent your family’s best interests at trial in York County, if necessary
Take time to grieve your loss. Trust our wrongful death attorneys in York to take charge of your fight for compensation. We offer a free consultation and work on a contingency fee basis, so there’s no cost to hire our law firm until we’ve won your wrongful death claim.
Contact our law office to get started. Members of our legal team are always available to take your call.
What Is a Wrongful Death Claim?
South Carolina defines wrongful death in Section 15-51-10 of the Civil Code as the death of a person “caused by the wrongful act, neglect or default of another.” If the decedent (the victim) would have had the right to file a personal injury lawsuit if they’d survived their fatal injuries, the basis for a wrongful death action exists.
Some of the most common causes of wrongful death in York include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Rideshare accidents involving Uber or Lyft vehicles
- Bus accidents
- Slip and fall accidents
- Dog bites
- Construction accidents
- Workplace accidents
- Accidents involving defective products
- Medical malpractice
- Birth injury
- Nursing home abuse
- Boating accidents
- Assault
- Sexual assault
If your family member was killed in an accident because someone was negligent, or if another person’s intentionally harmful actions caused their death, don’t hesitate to call Elrod Pope Accident & Injury Attorneys to explore your legal rights. Our wrongful death attorneys in York can listen to the details of your story, evaluate your potential options for recovering compensation, and explain how our skilled team might be able to help you fight for a maximum monetary award.
Who Has the Right to File a Wrongful Death Lawsuit?
In South Carolina, not just anyone can file a wrongful death lawsuit. Rather, the wrongful death claim must typically be filed by the decedent’s personal representative.
The personal representative is either named in the decedent’s will or appointed by the court. Most often, it’s a close friend or family member or, in some cases, a personal injury attorney.
The personal representative files the claim on behalf of the victim’s surviving heirs.
Damages are awarded to benefit the decedent’s:
- Spouse,
- Children, AND/OR
- Parent(s).
If the decedent has no surviving spouse, child, or parent, any other heirs can benefit from a wrongful death claim.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
Wrongful death claims are filed to help a decedent’s heirs cope with the sudden and unexpected loss of a loved one. Damages are specifically designed to accomplish that goal.
On the other hand, a survival action is intended to compensate the decedent for any financial costs or suffering they experienced before their death. A survival action can only be filed by the estate if the victim survived their fatal injuries for some period of time before their death.
For instance, if your spouse suffered a traumatic brain injury in a York car accident and survived for three days, a survival action can be filed to recover compensation for the medical expenses, lost wages, and pain and suffering they personally experienced in the three-day period between the car accident and their death.
What Types of Damages Can Be Awarded After a Wrongful Death?
When a wrongful death claim is filed on your behalf, you can potentially recover both economic and non-economic damages to help you deal with your loved one’s death.
Our wrongful death attorneys in York will work hard to help you get money for:
- Funeral and burial expenses
- Medical bills incurred prior to your family member’s death
- Lost wages, benefits, income, and financial support
- Value of household services and support provided by the decedent
- Property damage
- Loss of companionship
- Pain and suffering
If your wrongful death lawsuit goes to trial, a jury may also decide that punitive damages are warranted. Punitive damages are paid to punish a defendant for conduct that was intentionally harmful, malicious, or grossly negligent.
The defense will work hard to downplay the extent to which your loved one’s death has affected your life. Their goal will be to limit the value of your damages and, in turn, the amount of money you receive through a settlement or jury award. Our York wrongful death attorneys won’t let these tactics stand between you and a maximum financial recovery. We’ll work closely with experts to build a strong legal claim that leaves the defense no choice but to take responsibility for your loss and make things right.
Can Shared Fault Limit My Family’s Ability to Recover Compensation in a South Carolina Wrongful Death Action?
Yes. South Carolina’s modified comparative negligence law applies to wrongful death lawsuits. So, your family member’s contributing negligence will be taken into account when calculating how much your wrongful death claim is worth. There is a 51% bar for recovery.
For instance, let’s say your spouse was killed in a motorcycle accident in York, but there’s evidence to prove that they were speeding at the time of the fatal crash. They’re assigned 25 percent of the blame for the accident that caused their death. As a result, the compensation that can be awarded to your family through a wrongful death claim will be reduced by 25 percent.
Our personal injury attorneys in York will be a voice for your family members. We’ll do our best to tell their side of the story, defend against claims of shared fault, and protect your ability to recover a substantial monetary award.
Is There a Statute of Limitations For Wrongful Death Lawsuits in South Carolina?
South Carolina applies a three-year statute of limitations to most wrongful death lawsuits. The statute of limitations begins to run on the date of a person’s death, which might not be the same as the date their fatal injuries were sustained.
The personal representative must file a wrongful death lawsuit before the statute of limitations runs out. Calling our wrongful death attorneys in York can help to ensure that you take action in a timely manner so that your family’s legal rights are fully protected.
Schedule a Free Case Review With an Experienced York Wrongful Death Attorney
Contact Elrod Pope Accident & Injury Attorneys after the unexpected and avoidable death of a close family member in York, South Carolina. Your family might be able to recover compensation to help you cope with your emotional distress and the financial consequences of your loss. Our experienced York wrongful death attorneys want to help you get the maximum financial award you deserve.
As top-rated South Carolina trial lawyers, we’ve helped clients win over $100 million in damages. Now, we’re ready to put 150+ years of collective experience behind your fight for compensation, too.
Contact our law office to get started. Your first case evaluation is free.
