Charleston Wrongful Death Accident Lawyer

Losing a loved one is one of life’s most difficult challenges, especially when their death is due to someone else’s negligence or intentional actions. The grief can be overwhelming, and it’s natural to feel anger, confusion, and sorrow, knowing their death could have been prevented.

At the CEO Lawyer Personal Injury Law Firm, we share your frustration and are committed to helping you seek justice. Our dedicated team of Charleston wrongful death attorneys is here to fight for your rights.

You deserve compensation for your loss. Schedule a free consultation with us to explore your legal options and take the first step toward finding the answers and justice your family deserves.

What Are the Benefits of Hiring Our Charleston Wrongful Death Accident Attorneys?

Legal representation significantly increases your chances of obtaining higher compensation than going it alone. Proving that negligence, wrongdoing, or reckless behavior caused your loved one’s death is a complex task that requires expertise and dedication.

Our Charleston wrongful death lawyers are adept at investigating accidents, gathering compelling evidence, and establishing liability. We have access to vital resources, including accident reconstruction specialists and other industry experts, to strengthen your case.

To successfully prove negligence in a wrongful death claim, the following four elements must be established:

• Duty of Care: The other party owed the victim a duty of care, meaning they had a legal obligation to take reasonable steps to prevent harm.
• Breach of Duty: The other party breached this duty of care. For instance, a citation for drunk driving in a car accident can serve as evidence of a breached duty.
• Causation: There must be a direct link between the breached duty of care and the victim’s injury, demonstrating that the victim would not have been killed if the defendant had not acted negligently.
• Damages: The injury resulted in damages that are a direct consequence of the at-fault party’s negligence.

We are fully prepared to handle your case and keep you informed throughout the legal process. Additionally, we will communicate with insurance companies and other third parties on your behalf, ensuring that your focus remains on healing and remembering your loved one.

What Are the Causes of a Wrongful Death Claim?

Traffic Accidents

Car accidents are the most common cause of wrongful deaths in the United States, with an alarming 38,000 traffic-related fatalities annually. The primary causes of these accidents include:

• Distracted driving
• Drunk driving
• Reckless driving and speeding
• Vehicle or car part defects
• Inexperienced drivers

Workplace Accidents

Workplace accidents can lead to wrongful deaths, especially in hazardous environments like construction zones. Common causes include:

• Exposure to dangerous chemicals
• Being struck by falling debris
• Faulty equipment

Medical Malpractice

Wrongful deaths can occur when medical professionals fail in their duty of care. Medical malpractice may involve:

• Administering the wrong dose of medication
• Failing to recognize a patient’s allergies
• Mistakes during anesthesia or surgery

Nursing Home Abuse and Neglect

Wrongful deaths in nursing homes can result from staff negligence or abuse, including:

• Administering incorrect medication doses
• Neglecting to provide adequate nutrition and hydration
• General failure in duty of care

Premises Liability Accidents

Wrongful deaths can also occur due to property owner negligence. Examples include:

• Slips and falls down stairs due to unaddressed slipping hazards
• Other unsafe conditions on the property that were not adequately managed or warned about

Time Limit to File a Wrongful Death Lawsuit

In Charleston, SC, the statute of limitations for filing a wrongful death lawsuit is three years from the date of the victim’s death. This time frame is critical, and missing the deadline can result in your case being dismissed, eliminating your chance to recover damages.

However, there are unique circumstances where exceptions may apply, potentially requiring you to file sooner or later than the standard three-year period. Due to these nuances, seeking legal advice as soon as possible is essential.

Our Charleston wrongful death lawyers are well-versed in federal and state laws and prepared to assist you. We strongly recommend contacting our firm immediately to schedule your free case evaluation.

Even if you believe you missed the deadline, discussing your legal options with our experienced team is crucial.

Recovery in Wrongful Death Cases

Wrongful death actions are pursued to recover the costs and expenses left to be paid by the decedent’s surviving family and estate. These expenses can include medical bills, funeral costs, and other costs arising from the decedent’s fatal injuries and subsequent death.

Types of Damages in Wrongful Death LawsuitsEconomic Damages

• Medical and Funeral Expenses: Covers the costs of medical treatment and funeral services.
• Loss of Future Wages or Benefits: This includes potential earnings and benefits, such as pensions or IRAs, that the deceased would have provided.
• Loss of Goods and Services: Compensates for the loss of goods and services the deceased would have contributed.

Non-Economic Damages

• Pain and Suffering: Addresses the emotional and physical suffering experienced due to the death.
• Mental Anguish: Covers the mental distress caused by the loss of a loved one.
• Loss of Consortium: Refers to the loss of emotional and physical benefits of a familial relationship.

Punitive Damages

• Purpose: Intended to financially punish a negligent party for harm caused, especially when the actions were intentionally negligent, reckless, or showed a lack of duty of care, as per South Carolina law.

The award granted under a wrongful death claim is not based on the value of the life lost but on the impact on the decedent’s surviving family, including:

• Pecuniary Loss
• Mental Shock and Suffering
• Grief and Sorrow
• Wounded Feelings
• Loss of Companionship
• Deprivation of Use and Comfort of the Decedent’s Estate

If you need assistance with a wrongful death claim, our experienced team is here to help guide you through the process and pursue the compensation you deserve.

Who Can File a Wrongful Death Claim in Charleston, South Carolina?

In South Carolina, the executor or administrator of the deceased’s estate is responsible for filing a wrongful death claim, as stipulated by law. According to Section 15-51-20 of the South Carolina Code, the compensation awarded from a wrongful death lawsuit is designated for the close relatives of the deceased in the following order:

• Spouse and Children: The deceased’s spouse and children are the primary beneficiaries.
• Parents: If no spouse or children exist, the deceased’s parents are next in line.
• Heirs: If none of the above are applicable, the compensation is then distributed to the heirs of the deceased according to the laws of intestate succession.

This structure ensures that the compensation benefits those closest to the deceased by providing financial support to the family members who were most likely to have depended on the deceased at the time of their death.

For the most current and detailed advice specific to your case, it’s always a good idea to consult with an attorney. Our experienced legal team is here to provide the guidance you need through this challenging time.

Common Situations Leading to Wrongful Death

Fatal injuries or intentional harm leading to death can occur in various scenarios. Below are some common situations where wrongful death claims may arise:

Motor Vehicle Accidents

Traffic accidents are the leading cause of wrongful deaths. Drivers and occupants in car, truck, and motorcycle accidents often suffer fatal injuries, even in seemingly minor accidents.

South Carolina’s Department of Public Safety reports these alarming statistics:

• One fatal traffic collision occurs every nine hours.
• One person dies in a traffic accident every eight and a half hours.
• An alcohol-related collision claims a life approximately every 30 hours.
• One motorcyclist dies in a traffic crash every three days.
• Approximately two bicyclists die in traffic accidents each month.
• Every two days, a pedestrian dies in a traffic accident.

Many traffic accidents are preventable, often caused by careless drivers violating traffic regulations, driving under the influence, driving while tired, or being distracted by cell phones. Reckless drivers who cause fatal accidents can be held financially liable in a wrongful death claim.

Workplace Accidents

The average workday for most Americans is at least nine hours long, increasing the likelihood of fatal workplace injuries. Some jobs, particularly those involving heavy machinery or hazardous environments, are more dangerous than others.

According to OSHA, approximately 100 workplace fatalities occur each year in Charleston. Nearly half of these fatalities are transportation-related, while others result from contact with heavy machinery, explosions, fires, and exposure to toxic chemicals.

Legal action is crucial if your loved one’s employer does not carry mandatory workers’ compensation insurance. Wrongful death claims from workplace accidents can involve multiple parties, including business owners, property owners, contractors, drivers, and other third parties.

A wrongful death attorney can evaluate your case and determine the best path to hold those responsible accountable.

Slip and Fall Accidents

Slip and fall accidents are the most common on someone else’s property. Under South Carolina law, property owners must maintain a safe environment for visitors and warn them of any known hazards.

Negligent property owners who fail to do so can be held financially liable in a wrongful death lawsuit if someone suffers a fatal injury. Slip and fall accidents are a leading cause of traumatic brain injuries, which can be fatal.

Common causes of slip and fall accidents include poorly maintained steps or flooring, loose handrails, broken tiles, uneven wood floors, uncleared trash and debris, and slippery surfaces. Any of these conditions can lead to serious brain injuries after a fall.

Medical Malpractice

The loss of a family member due to medical error or negligence can be devastating. We trust doctors, nurses, and other medical professionals to diagnose and treat our illnesses and injuries.

When they fail to provide an acceptable standard of care, the consequences can be fatal.

Examples of medical malpractice that may lead to wrongful death include:

• Failure or misdiagnosis of an illness or disease
• Unnecessary surgeries
• Leaving a foreign object in a patient after surgery
• Failure to obtain a complete medical history
• Early discharge or inadequate follow-up care
• Pharmaceutical errors, such as incorrect dosage or medication
• Improper operation of medical equipment

Defective Product Accidents

The Consumer Product Safety Commission (CPSC) reports that several million injuries related to defective products occur each year in the United States, some of which are fatal. Designers, manufacturers, distributors, retailers, and other parties in a product’s distribution chain can be liable for damages in a wrongful death lawsuit.

Product defects fall into three main categories:

• Design Defects: Flaws in the product’s design that lead to safety issues.
• Manufacturing Defects: Safe designs that become dangerous due to errors during construction or production.
• Information Defects: Failure to warn consumers about proper use or potential hazards.

The CPSC warns consumers about dangers, sometimes deadly, associated with hazardous chemicals, children’s products, toys, lighters, fireworks, kitchen appliances, and more.

If you need assistance with a wrongful death claim, our experienced legal team is here to help guide you through the process and pursue the compensation you deserve.

Let Our Charleston Wrongful Death Lawyers Handle Your Case!

We understand that your family is going through a difficult time, and we aim to simplify the legal process for you. When you choose us, you become part of our family.

You’ll have direct access to your lawyer, who will update you regularly and answer any questions.

Contact us today for a complimentary case evaluation to discuss your options. We can help you understand the potential benefits of filing a claim or lawsuit.

You deserve compensation to support you in your loved one’s absence. Contact our Charleston Wrongful death accident lawyer at (864) 664-3865 or schedule your complimentary consultation. We’ll help you explore all your legal options.

FAQs

1. What Qualifies as a Wrongful Death?

A wrongful death lawsuit can be filed if your loved one’s death resulted from another person’s or business’s negligence or carelessness. Common causes include car accidents, medical malpractice, and defective products.

1. How Long Do You Have to Sue for Wrongful Death?

In South Carolina, you have three years to file a wrongful death claim. However, if the claim is against a governmental entity, such as county hospitals or public schools, the statute of limitations is reduced to 2 years.

1. What Compensation Can You Get for a Wrongful Death Claim?

In a wrongful death claim, you may seek compensation for funeral and burial costs, lost earnings, medical expenses, mental anguish, loss of companionship, and punitive damages.