Goose Creek Wrongful Death Accident Lawyer

Losing a family member is never easy, and when the loss is caused by another person’s reckless or negligent behavior, it can be emotionally devastating. Our attorneys understand this, and we work diligently to recover financial damages for the loss of a loved one.

While no legal settlement or trial verdict can compensate for the tragic loss, our firm will protect and preserve your rights, benefits, and legal remedies.

Damages can include lost earnings and financial support, compensation for the victim’s medical expenses, burial costs, and reasonable compensation for the loss of love, companionship, and moral support. The type and amount of recovery each plaintiff can receive depend on their biological relationship to the deceased.

Damage awards also include interest from the date of death.

The CEO Lawyer Personal Injury Law Firm represents the surviving family members of victims who died in tragic accidents caused by the careless or reckless actions of another party. If someone you loved has died in a car accident, truck collision, bus crash, train collision, motorcycle accident, work accident, slip-and-fall accident, or due to the negligence of a doctor, product manufacturer, premise owner, or another party, contact one of our Wrongful Death Lawyers immediately.

Why Choose Our Goose Creek Wrongful Death Accident Attorneys?

If your loved one has died due to the negligence of another person or party, you have the right to take action to hold them accountable. However, wrongful death claims can be highly complex, especially under South Carolina’s intricate laws.

To navigate this challenging process and seek the restitution you deserve, it’s crucial to have solid legal representation from a qualified Goose Creek-based attorney.

At the CEO Lawyer Personal Injury Law Firm, our personal injury attorneys understand that family members often lack the resources or legal expertise to hold someone accountable for the death of a loved one. Our dedicated team will handle the investigation, construct your claim, and manage all legal aspects so you can focus on mourning and healing.

Our wrongful death attorneys will thoroughly analyze the circumstances that led to your family member’s death and calculate the appropriate and fair compensation you are owed. You and your family don’t have to face this challenging time alone.

Our compassionate attorneys work on a contingency fee basis, ensuring that the cost of hiring a lawyer does not prevent you from seeking justice. Speak with one of our wrongful death attorneys today to learn more about your rights and legal options. 

What Cases Our Goose Creek Wrongful Death Law Firm Can Handle?

The death of a family member is a heart-wrenching experience, made even more difficult when you realize that the death could have been prevented. Whether due to negligence or intent, another person’s actions have taken a loved one from your family.

At the CEO Lawyer Personal Injury Law Firm, our wrongful death attorneys have extensive experience representing surviving family members who have suffered a monetary injury due to an unexpected death.

We understand that wrongful death cases can arise from various circumstances, including:

• Medical Malpractice: We trust medical professionals to provide a high standard of care. If a careless medical professional violates this standard and causes a loved one’s death, you have the right to take legal action. Negligent care by a medical provider can be grounds for a lawsuit.
• Car Accidents: Thousands of people in Goose Creek die yearly in car accidents, many of which could have been prevented with proper caution and care. If a reckless driver is responsible for the death of a loved one, you are entitled to seek compensation.
• Drunk Driving Accidents: The decision to drive while intoxicated is both reckless and illegal. Tragically, such decisions often lead to fatal accidents. If you have lost a loved one in a drunk driving accident, seek legal guidance and representation immediately.
• Nursing Home Abuse: We depend on nursing homes to care for our loved ones. However, the worst cases of abuse and negligence can threaten the lives of vulnerable residents. You can recover damages from abusive or negligent nursing home staff and administrators.
• Slip and Fall: Property owners must ensure the safety of those who use their premises. If inadequate maintenance or negligent property oversight leads to a fatal slip and fall accident, you have the right to hold the property owner accountable.

Our legal team has the knowledge and resources to work toward a favorable resolution for your wrongful death case. The wrongful death attorneys at our firm are only a phone call away. Contact us today for the compassionate and skilled representation you deserve.

What Is a Wrongful Death Action? 

A wrongful death action is a legal claim that can be pursued when a person dies due to another individual’s negligence or intentional misconduct. Unlike a typical personal injury lawsuit, where the injured person can seek compensation, in a wrongful death case, the deceased’s estate or family members can bring the claim on behalf of the deceased.

This type of lawsuit allows the estate to hold the responsible party accountable for their actions.

Examples of situations that can lead to a wrongful death claim include car accidents, truck accidents, bicycle accidents, motorcycle accidents, medical malpractice, and intentional misconduct like robbery, arson, or homicide. Essentially, any incident that would have allowed the deceased to file a personal injury claim if they were alive can lead to a wrongful death claim by their estate or family members.

In these cases, the plaintiffs in wrongful death claims can often seek similar forms of financial compensation as those in personal injury claims. However, it’s important to note that there is no federal statute governing wrongful death claims; each state has its own laws determining who can bring a claim and how it can be pursued.

Therefore, it’s crucial to consult with an attorney experienced in handling wrongful death claims in your specific state if you are considering pursuing such a claim for the loss of a loved one.

Common Causes of Wrongful Death in Goose Creek

Suppose another party is responsible for the death of someone close to you. In that case, you may be able to file a wrongful death lawsuit and seek compensation for medical expenses, loss of financial support, funeral and burial costs, and loss of companionship.

In some situations, you may also seek punitive damages to help prevent similar incidents. The following are the most common causes of wrongful death in Goose Creek:

• Auto Accidents: Car crashes occur frequently on Goose Creek roads and highways, often resulting in serious injury or death. Auto accidents at high speeds or involving trucks or large vehicles are more likely to be fatal.

• Medical Malpractice: When a doctor, nurse, or other medical professional makes a significant error, the consequences can be deadly for the patient. Many wrongful death claims stem from medical malpractice.

• Nursing Home Neglect or Abuse: Nursing home employees and doctors are held to high standards of duty and responsibility to those in their care. When a caretaker or provider acts negligently or abusively, causing the death of a patient, they may be held liable.

• Negligence: Property owners and product manufacturers who fail to provide safe premises and products may be liable for wrongful death if a fatal accident occurs due to negligence.
• Construction Accidents: Construction sites are inherently dangerous, but employers are responsible for providing a relatively safe work environment to prevent serious accidents. When they fail to do so, they may be held liable for any resulting deaths.

If you have lost a loved one due to any of these causes, contact our experienced wrongful death attorneys in Goose Creek to discuss your case and explore your options for seeking justice and compensation.

Who Can File a Wrongful Death Claim?

Generally, a wrongful death claim must be filed by the personal representative of the deceased victim’s estate. These actions are initiated on behalf of certain surviving family members and loved ones of the deceased victim, known as “beneficiaries.”

The individuals who can be named as beneficiaries of the deceased person’s estate vary from state to state but may include:

• The deceased victim’s spouse
• Parents and step-parents of the deceased individual
• Children and step-children of the deceased person
• Siblings of the deceased victim

Aside from these eligible family members, the rights of other relations to bring a wrongful death claim on behalf of the deceased differ from state to state. Since states disagree on the level of relationship required to be named as a beneficiary, it’s essential to seek assistance from a qualified wrongful death attorney to determine if you have legal standing to bring a claim.

Generally, the more distant the family relationship to the victim—such as aunts, uncles, or cousins—the lesser the chance of being named as a beneficiary.

Elements of a Wrongful Death Claim

A wrongful death action is typically initiated due to an accident or injury caused by another person’s careless actions, known as “negligence.” In legal terms, negligence is defined as a failure to take reasonable care to avoid causing injury to another person.

This legal doctrine has four elements, each of which must be proven by a beneficiary of a wrongful death action for the claim to be successful. 

These elements include:

• Duty: The beneficiary of a wrongful death action must first show that the wrongdoer who caused the victim’s death—also known as the “defendant”—owed a duty of care to the victim. We all owe each other a duty of reasonable care to protect others from harm in specific circumstances. For example, when driving a car, you owe a duty of care to other drivers and pedestrians to operate your vehicle safely.
• Breach: It isn’t enough for the plaintiff in a wrongful death suit to prove that the at-fault party owed the deceased victim a duty of care; they must also prove that the defendant breached that duty of care or failed to act in a reasonable and careful manner. In a car accident, for example, a breach of duty could be shown if the driver was speeding, texting while driving, or otherwise operating the vehicle unsafely.
• Causation: Once a duty of care and a breach of that duty are established, the plaintiff must show that the breach caused the victim’s injuries and resulting death.
• Damages: This final element of the legal doctrine of negligence is often the easiest to prove. Damages in a wrongful death case include the injuries and death of the victim, along with the repercussions of the loss for the victim’s family members.

Proving these elements is important for the success of a wrongful death claim. If you believe you have a case, contact our experienced wrongful death attorneys to discuss your situation and explore your legal options.

What Compensation Can You Recover From a Wrongful Death Claim?

The compensation that beneficiaries can recover in a wrongful death claim varies from state to state, so it’s essential to seek advice from an experienced wrongful death attorney in your state to understand the specific compensation you might be eligible to receive. Generally, a plaintiff in a wrongful death claim can recover several types of compensation, including:

• Reasonable Funeral and Burial Expenses: Funerals and burial arrangements can cost tens of thousands of dollars, often coming as an unexpected shock. Even more cost-effective options, such as cremation, can still run several thousand dollars. A wrongful death claim can help you recoup these unanticipated costs of laying your loved one to rest.

• Medical Expenses: If your loved one struggled to survive before their ultimate death, you might be left with a crippling load of medical bills incurred in the fight to keep them alive. A successful wrongful death claim can compensate you for these expenses, including hospital stays, surgical costs, and palliative care.

• Emotional Pain and Suffering of Survivors: The death of a loved one can be devastating to surviving family members. While no amount of compensation can lessen this emotional trauma, a wrongful death claim considers this suffering and financial compensation can be awarded for emotional anguish. Surviving beneficiaries can also sue for the loss of love, affection, guidance, moral support, and comfort the deceased provided.

• Property Damage: If the at-fault party’s negligence resulted in property damage, such as a vehicle damaged or totaled in a car accident, a wrongful death action can provide compensation to cover the costs of repairing or replacing the vehicle.

• Punitive Damages: In rare cases, the person who caused your loved one’s death may have engaged in actions so heinous that a typical award of damages is deemed insufficient. If your loved one’s death was the result of criminal activity or gross negligence, you might be entitled to receive additional punitive damages. These damages serve as punishment to the at-fault party and as a deterrent to discourage similar behavior by others.
• Survival Actions: In many accidents and injuries resulting in a victim’s wrongful death, the victim does not pass away instantly. If your loved one struggled to survive after their accident but ultimately lost this fight, you may be able to bring a separate “survival action.” This type of civil action allows a deceased victim’s estate to sue for injuries and damages suffered by the victim from the moment of the accident until their death. Compensation for a successful survival action can include pain and suffering endured before death and income lost due to the inability to work before death.

Statute of Limitations on Wrongful Death Claim Lawsuits in Goose Creek

If you and your family wish to pursue a lawsuit for your loved one’s wrongful death, you have a limited period to file a lawsuit, known as the statute of limitations.

Under South Carolina law, the statute of limitations on a wrongful death lawsuit is three years from the date of death. If the lawsuit is not filed before the expiration of the statute of limitations, the court can permanently dismiss your case.

However, the court may pause, or “toll,” the statute of limitations in certain circumstances, such as when the facts and circumstances of the at-fault party’s legal liability have not yet been discovered or if the person is eligible to file a wrongful death action is minor or incapacitated.

Suppose you have a wrongful death claim against the state or a municipality. In that case, you must give notice of your claim within 90 days of the decedent’s death or 90 days from the appointment of the decedent’s representative.

Failure to provide this notice can result in the permanent barring of your wrongful death claim against the state or a municipal government.

Don’t wait. Contact a wrongful death lawyer from the CEO Lawyer Personal Injury Law Firm. today to ensure your rights are protected and your claim is filed on time.

Are You Eligible to File a Wrongful Death Claim in Goose Creek?

In Goose Creek, specific individuals are eligible to file a wrongful death claim when a loved one’s death results from negligence or intentional harm. Unlike many states, Goose Creek requires that the decedent’s representative handle these matters.

They initiate legal action on behalf of the decedent’s surviving family members. While the personal representative isn’t necessarily a family member, they could be.

Who Can Benefit From a Wrongful Death Claim in Goose Creek?

Beneficiaries of a wrongful death case in Goose Creek may include the decedent’s spouse, children, parents, and heirs.

It’s essential to note that South Carolina’s wrongful death laws can be complicated, and eligibility may depend on various factors. Our attorneys understand state law inside and out.

When you share your story with our team, we assess who can file a wrongful death claim and pursue their legal rights. This includes establishing negligence, gathering case-related evidence, and fighting for your rights at each step.

The Process of a Wrongful Death Claim in Goose Creek

• Initial Consultation and Case Review: Meet with a lawyer to discuss your case. They will evaluate the circumstances and determine if your claim is viable.
• Investigation Phase: Your attorney will gather evidence, consult experts, and build your case. This phase is critical for demonstrating negligence or misconduct.
• Filing the Lawsuit and Pre-Trial Proceedings: Your lawyer will file the lawsuit, which will lead to pre-trial filings and hearings. They will ensure that all paperwork is completed accurately and on time.
• Negotiation and Potential Settlement: There may be opportunities to settle before trial. If possible, your lawyer will negotiate to secure fair compensation and avoid a lengthy court battle.
• Trial: If a satisfactory settlement cannot be reached, your case will proceed to trial. Your lawyer will present your case and advocate for a favorable verdict.

Each step is essential and requires careful attention to detail. Our skilled attorney can guide you through this process and advocate for your rights.

Suffering the Loss of a Loved One? Our Goose Creek Wrongful Death Lawyers Are Here to Help!

Experiencing the unexpected loss of a loved one is a devastating ordeal, and no amount of compensation can alleviate the pain or replace what has been lost. However, seeking legal recourse can help you regain financial stability and hold the responsible party accountable for their actions.

Our team of compassionate wrongful death attorneys is committed to assisting clients in navigating the aftermath of such a loss.

We understand the emotional and financial challenges you may be facing, and we are here to help you seek justice for your loved one. Our goal is to help you recover some of the income and stability that was lost due to the untimely death of your family member.

You don’t have to go through this difficult time alone.

Don’t wait until it’s too late to seek the legal representation you deserve. Contact us today for a free consultation.

You can complete an online case evaluation form or call us at (864) 664-3865 to speak with a team member. We can assist you anytime and are dedicated to helping you through this challenging period.

FAQs:

1. How long do you have to file a wrongful death lawsuit in Goose Creek?

In Goose Creek, you generally have three years from the date of the victim’s death to file a wrongful death lawsuit. This is because the death from an accident may not be immediate. If your loved one died weeks, months, or even years after the accident that caused their injuries, it’s essential to consult with a wrongful death attorney to determine if you have the right to bring a case against the negligent party.

1. Who can sue for damages after the wrongful death of an adult?

In Goose Creek, the personal representative of the decedent’s estate is the party who can sue for damages after a wrongful death. However, the damages awarded are typically distributed to the decedent’s heirs by a probate court, ensuring that the family members benefit from the court award.

If the decedent left a will, the damages will be awarded according to the will’s instructions. If there is no will, the distribution follows South Carolina’s intestacy statute.

1. Who can sue for the wrongful death of a child?

South Carolina law allows the parents or legal guardians of a child to file a wrongful death lawsuit. This includes:

• One or both biological parents
• One or both custodial parents
• One or more legal guardians

1. When should you contact a wrongful death attorney?

We understand that losing a loved one is overwhelming, and adding another responsibility might feel impossible. However, it is crucial to reach out to a wrongful death attorney as soon as possible. These cases can take considerable time, and the sooner we begin, the sooner we can help you achieve justice for your loss.