The unexpected and unnecessary death of a loved one may be the most devastating experience a person can face. However, when someone has died due to another’s recklessness or negligence, South Carolina law allows survivors to pursue compensation for their financial losses and their grief.
A wrongful death claim does not make a terrible situation right, but it can provide needed assistance after the loss of a family’s breadwinner or make a statement about justice in an unjust death. At David Blackwell Law, our Lancaster wrongful death attorney is here to assist you and your family in this time of loss. Our respected legal team has successfully resolved claims for families and individuals in Lancaster and across South Carolina.
We serve clients across South Carolina, including Indian Land, Fort Mill, and Rock Hill.
If you have lost a loved one unexpectedly — in a car or truck accident, in a slip-and-fall accident, due to a faulty product, or under other circumstances — David Blackwell Law will stand up for you. Contact us today for a free consultation. We will not charge you to get started on your claim. In fact, we do not collect fees unless and until we recover compensation for you.
Wrongful Death Resources
Survivor’s Guide to Wrongful Death Cases
The Facts About Insurance, Investigations & the Legal Process
Who Can File a Wrongful Death Claim in South Carolina?
Typically, a wrongful death claim follows an accidental death, such as a fatal car or truck accident, or a fatal assault (homicide). South Carolina law allows certain family members of victims to pursue wrongful death claims as a means of speaking for those who can no longer speak for themselves.
Those who may seek compensation in a South Carolina wrongful death claim include the deceased’s:
- Spouse and children
- Parent(s) if there is no spouse or child(ren)
- Heirs if no other eligible family member survives
If you are unsure whether you are eligible to pursue a wrongful death claim after the loss of a loved one, please contact David Blackwell Law now. Our dedicated Lancaster wrongful death attorney will speak with you and answer your questions — at no charge.
Compensation for Wrongful Death in South Carolina
Compensation sought in a wrongful death action is meant to repay the family for costs associated with the death, as well as losses that will be caused by the deceased’s absence. South Carolina law also says survivors may be compensated for their grief and personal loss.
Survivors pursuing a wrongful death lawsuit in South Carolina could demand compensation (or “damages”) for:
- Funeral and burial expenses
- Medical expenses (such as for emergency response efforts prior to death)
- Lost wages and benefits
- Damage to personal property, such as car accident repair or replacement costs
- Additional financial losses related to the death
- Pain and suffering
- Mental anguish (i.e., shock over an unexpected death)
- Loss of support, companionship, comfort, and society
In some wrongful death cases, survivors may also seek punitive damages. This is an additional payment intended to punish the responsible party if recklessness or malice, or a willful act, caused the death.
South Carolina also allows an additional claim known as a “survival action” on behalf of the deceased’s estate in some cases. Pursuing a survival action requires showing that the deceased person survived the accident but died sometime later. This additional claim seeks compensation that the deceased might have sought had he or she lived, including compensation for medical care provided during lifesaving attempts, as well as for the victim’s conscious pain, suffering, and mental distress.
How Our Lancaster Wrongful Death Attorney Can Help You
At David Blackwell Law, our skilled wrongful death attorney has extensive experience successfully handling these sensitive claims.
- We will fully investigate the circumstances of your loved one’s death and identify all responsible parties. We will then locate all applicable insurance coverage to file claims against.
- As your legal representatives, we will develop a full accounting of your expenses connected to the accident and the death of your family member in order to demand maximum compensation for your economic damages (financial losses).
- We will also develop evidence of your pain, suffering, etc., and seek punitive damages when warranted.
- Armed with extensive evidence, we will negotiate from a position of strength to demand full and fair compensation for what you’ve been put through. In many cases, appropriate wrongful death settlements are reached without going to court. However, our team will be fully prepared to take your case to trial if that’s what is necessary.
If your family member died in an accident, chances are you have few details about what happened or why. Because we are an independent law firm, David Blackwell Law can put time into investigating an accident that law enforcement organizations can’t. Many of our clients get the most satisfaction from the answers we have after investigating their loved one’s unexpected and unjust death.
Our S.C. personal injury law firm has earned a reputation for pursuing cases that are worth fighting for. We always work with our clients’ best interests first in mind. Schedule a free consultation today, and learn how we can make a difference in your case.
Talk to Our Compassionate Lancaster Wrongful Death Attorney Today
You may have already heard from an insurance company about the accident that claimed your family member’s life. It is important to understand that insurance adjustors are interested first and foremost in closing your case as quickly as possible and for as little as possible.
You should not sign anything or accept any payment from an insurance company unless an attorney experienced with South Carolina wrongful death cases advises you to do so. You could inadvertently give up your rights to the compensation you deserve, and effectively end your claim.
If you are dealing with the death of a loved one due to someone’s negligence or reckless behavior, please contact our respected personal injury law firm today. Our team will review the details of your case and address your needs with the sensitivity and compassion you deserve.
Schedule a free consultation today to discuss how our dedicated legal team can help you and your family during this difficult time.