Has the devastating loss of a loved one left you getting justice due to someone else’s negligence? During this challenging time, understanding your legal rights and the steps necessary to secure the compensation you deserve can be stressful.
You need a dedicated and empathetic attorney who will fiercely protect your rights and emotionally support you through this challenging process.
We have been serving the people of Myrtle Beach, SC, with dedication and care. We stand by those who have tragically lost family members in accidents caused by the wrongful actions of others.
We recognize that each case is unique, and we take the time to understand the intricacies of your situation, creating a legal strategy personalized to your specific needs.
If you’ve lost a loved one due to someone else’s negligence, our compassionate attorneys are here to help you navigate this difficult journey. Contact our law firm today for a free initial consultation.
How Our Myrtle Beach Wrongful Death Accident Attorneys Advocate for You and Your Family
When a preventable tragedy claims the life of a loved one, the grief can be worse. During this challenging time, the compassionate team at the CEO Lawyer Personal Injury Law Firm in Myrtle Beach is here to provide the legal support and guidance you need.
Here’s how we can assist you:
- Thorough Investigation: We delve into the details of the incident that led to your loved one’s untimely death to establish liability and identify the responsible parties.
- Legal Guidance: Our experienced wrongful death attorneys will inform you of your legal rights and the various avenues available for pursuing justice for your loved one.
- Case Preparation: We create a strong case on your behalf, enlisting the help of expert witnesses to substantiate your claims and enhance the persuasiveness of your case.
- Claim Filing and Negotiation: We handle the complexities of filing your claim and negotiate with insurers and opposing counsel to secure a just settlement that acknowledges your loss and helps your family focus on healing.
- Litigation: If negotiations do not yield a satisfactory consequence, we are prepared to represent your interests in court to fight for the financial compensation and justice your family deserves.
Losing someone to negligence or reckless actions is never easy, but you don’t have to face this alone. Contact our law firm today for a complimentary initial consultation.
Let us take on the legal challenges while you dedicate time to honor and grieve your loved one. Discover how our dedicated legal team can support you during this difficult period.
How Our Myrtle Beach Wrongful Death Accident Law Firm Fights for Wrongful Death Compensation
We understand the lasting effect the loss of a loved one can have on a family, both emotionally and financially. Wrongful death claims are designed to offer a measure of relief to those left behind, providing a path to financial stability in the face of such a devastating loss.
When you decide to pursue a wrongful death claim, you are not only seeking justice for the untimely passing of your loved one but also securing the necessary compensation to cover the financial and emotional costs associated with their death.
Eligible damages in a wrongful death case vary based on the specifics of the legal action but commonly include costs for funeral and burial arrangements, ensuring your loved one is honored without additional financial strain on the family. Compensation might also cover any final medical expenses incurred during any treatment before their death, which can be astronomically high, especially in cases involving prolonged hospitalization or intensive care.
Beyond these immediate expenses, wrongful death claims address the longer-term financial impacts, such as the loss of financial support that the deceased would have provided. This can include lost wages, benefits, and potential future earnings, crucial for families whose lifestyles and security were tightly bound to their loved ones.
Additionally, you can claim for the loss of care, guidance, companionship, and protection that your loved one provided, which, while less tangible, are profoundly felt.
Household services that the deceased contributed, which might now require outsourcing or lead to significant lifestyle adjustments, are also compensable. Furthermore, the emotional suffering endured by family members—grief, depression, post-traumatic stress, and social isolation—is recognized and compensable under the law.
The CEO Lawyer Personal Injury Law Firm is dedicated to guiding you through this challenging time, aiming to ease the burden by handling the complexities of your case with sensitivity and expertise. We fight to ensure that your rights are protected and that you receive the comprehensive compensation you deserve to aid in recovery and rebuilding after such an irreplaceable loss.
The Tragic Truth Behind Wrongful Death Claims
The legal term “wrongful death” refers to a situation where a person’s death results from the negligent or reckless actions of another individual or entity. This tragic circumstance grants the deceased’s surviving family members the right to file a wrongful death lawsuit, seeking compensation for their loss.
Common incidents leading to these claims include car crashes, where negligent driving or vehicle malfunctions can lead to fatal outcomes. Truck accidents also frequent this category, often due to the complex nature of commercial trucking and potential regulatory violations.
Drunk driving wrecks represent a grievous fault, where impaired judgment directly causes irreparable harm.
Cases of medical malpractice, where healthcare professionals fail in their duty of care, motorcycle accidents due to risky riding or poor road conditions, and injuries from defective products that fail to ensure user safety all highlight the diverse scenarios that can lead to a wrongful death claim.
Timing Your Wrongful Death Claim in Myrtle Beach, SC
In South Carolina, wrongful death lawsuits are governed by stringent timelines outlined in Chapter 51 and Section 15-3-530 of the South Carolina Code of Laws. To pursue justice for a wrongful death, the appointed personal representative of the deceased needs to initiate legal action within three years from the date of death.
However, this rule isn’t absolute—several exceptions may alter this timeline. For instance, lawsuits involving government entities often require quicker action due to shorter deadlines and involve more complex bureaucratic processes.
Conversely, cases tied to medical malpractice present an opportunity to extend this period.
Suppose new evidence surfaces indicating that medical malpractice led to the death. In that case, the statute of limitations may extend up to three years from the discovery of this evidence, though no claim can be made if more than six years have elapsed since the medical treatment in question.
Consider a scenario where a family learns that a surgeon previously thought to have performed routine surgery competently had a history of professional negligence. If this revelation comes years after the event, the family may still have the right to file a lawsuit, provided it falls within the allowable time frame post-discovery.
Managing these legal nuances can be stressful and toxic, but our experienced team is here to provide clarity and support every step of the way. We’re committed to helping you understand your rights and the specific statutes that may impact your case, ensuring you’re fully equipped to pursue the fairness your loved one deserves.
Legal Remedies for Loss: Exploring Wrongful Death and Survival Claims
Wrongful death and survival actions are two distinct types of legal claims that arise when someone dies due to the fault of another.
These claims serve different purposes and benefit different parties:
Wrongful Death Claim
This type of claim is made by the deceased’s surviving relatives. It seeks to compensate the family for the direct losses resulting from the death of their loved one.
These losses can include the emotional anguish and suffering caused by the bereavement, the financial support the deceased would have contributed to the family over time, and the loss of companionship, care, guidance, and household services that the deceased provided.
Survival Claim
On the other hand, this claim is essentially the continuation of any personal injury claim the deceased might have pursued had they survived. It allows the estate to recover damages that the deceased incurred between the final injury or illness and their subsequent death.
This includes the medical costs for treating the final injury or illness, compensation for the pain and suffering the deceased endured before their passing, and any lost wages during that period.
Both claims are necessary for providing financial relief and a sense of justice to the families affected by a wrongful death. Still, they address different aspects of the loss and suffering experienced due to the tragedy.
Who Can Initiate a Wrongful Death Lawsuit in Myrtle Beach, SC?
In Myrtle Beach, SC, the process for filing a wrongful death claim is distinct from many other states. Instead of direct filing by surviving family members, the responsibility falls to the executor or personal representative of the deceased’s estate.
This individual is designated in the deceased’s will or, if no will exists, appointed by a court.
The role of the executor in such cases is to initiate the wrongful death lawsuit on behalf of the deceased’s estate. Despite filing the claim, the executor does not receive the settlement. Instead, any compensation awarded through the lawsuit is distributed to the deceased’s beneficiaries, determined by their familial relationships and the presence or absence of a will.
Eligible beneficiaries typically include:
- The deceased’s spouse and children are prioritized in the distribution of damages.
- If the deceased were unmarried and childless, their parents would be eligible for compensation.
- Without a spouse, children, and living parents, the damages would go to other heirs, as outlined in the estate plan or by statutory succession laws.
This structure ensures that the process is legally structured while directly benefiting the family members left behind, according to their relationship with the deceased.
How Does Our Wrongful Death Claim Provide Closure and Accountability?
There are several compelling reasons to consider legal action if you’ve lost a loved one due to wrongful death:
- Pursuit of Justice: Wrongful death often results from negligence or deliberate harm, leaving families grappling with grief and a profound sense of injustice. Filing a wrongful death claim is a significant step toward holding the responsible party accountable and providing a sense of justice to those left behind.
- Seeking Closure: Securing compensation from those at fault acknowledges the wrongdoing and marks recognition of your loss. This formal acknowledgment can be important in finding closure and healing, allowing you to focus on rebuilding and moving forward.
- Financial Stability: The financial impact of losing a loved one who was a primary earner can be devastating. A wrongful death claim aims to alleviate this burden by ensuring that the financial responsibilities of your loved one do not become your own, preserving your standard of living and providing the support you need.
If negligence played a role in your loved one’s death, pursuing rightful compensation is not just beneficial—it’s necessary. At our Myrtle Beach personal injury law firm, our wrongful death attorneys are committed to diligently seeking the justice and compensation you rightfully deserve.
Get a Free Case Review From Our Myrtle Beach Wrongful Death Accident Lawyers
We are dedicated to representing plaintiffs in wrongful death cases, ensuring every claim progresses effectively. Our team excels in negotiation, often persuading insurance firms and opposing parties to present fair settlements, sparing you the ordeal of a courtroom battle.
With deep litigation expertise, we are prepared to present a persuasive case to a jury should the need arise. If you’ve lost a loved one due to wrongful death, reach out to our Myrtle Beach wrongful death lawyers today to discover how we can champion your cause and support you during this challenging time.
