Who Can File a Wrongful Death Lawsuit
In SC, only the executor or personal representative of a deceased individual’s estate can file a wrongful death lawsuit. You can find the name of the representative in your loved one’s will if they have one. However, if your loved one died intestate, meaning they did not have a will or the representative doesn’t want or can’t do the job, the court will appoint another representative.
Take note that while the representative must file the lawsuit, the damages recovered from the case will go to the surviving family members, including the deceased individual’s children and spouse, surviving parents, and heirs.
If you lost a loved one due to someone else’s negligent or intentional actions, discuss your case with a Charleston, SC, wrongful death lawyer. They will investigate the circumstances that resulted in your loved one’s death and ensure you understand your rights. Your lawyer will also file a lawsuit to pursue wrongful death damages to secure compensation for your family.
What Damages Can I Receive From a Wrongful Death Lawsuit in Charleston, SC?
After carefully investigating your case, your attorney will calculate the damages you are eligible to receive under state law. These damages include economic losses, such as medical care costs your deceased loved one received before passing, burial and funeral costs, and lost income your loved one would have gained if they didn’t die. You can also seek noneconomic damages, which can include:
- The emotional distress your family suffered due to your loved one’s wrongful death.
- The lost affection, care, companionship, protection, support, and love your loved one provided.
- The emotional and physical suffering and pain experienced by your loved one before they died.
If applicable to your case, your Charleston, SC, wrongful death lawyer will also pursue punitive damages. These are extra damages the court awards for punishing liable individuals or entities for particularly atrocious behavior and warning others to refrain from similar actions.
Depending on your specific situation, your lawyer may also consider negotiating for maximum settlement to resolve the case before it goes to court. However, if the liable party’s insurance provider doesn’t want to give you a settlement amount that covers all the damages you’re seeking, your lawyer will be prepared to take your case to court to ensure the at-fault party will be held liable for all your losses.
Our Experienced Charleston Wrongful Death Lawyer is Here to Help You and Your Family
At Wyndham Law Firm, we know that going through a stressful legal case may not be a priority after losing your loved one. Whether their death was accidental or intentional, our Charleston, SC, wrongful death lawyer will handle your case from beginning to end while you grieve and heal. We will seek justice for your loved one’s untimely death and compensation to help you and your family move forward.
Find out more about how our Charleston wrongful death lawyer can help you through this overwhelming time by scheduling your case consultation online or by phone at 843-376-1206.