An untimely death is always a tragedy, especially if the death could have been avoided. Those who are careless or whose failures result in fatalities must be held accountable. Survivors of victims killed in collisions, work accidents, and other preventable incidents can take legal action against individuals, businesses, and government agencies. Pursuing a case can be complicated, but a Charleston wrongful death lawyer could help.
Our compassionate personal injury attorneys have dedicated their careers to providing representation to those left behind after deaths due to negligence or wrongdoing. Our legal team is available any time to answer your questions and offer a free evaluation of your case. Contact us now to learn about the representation we could offer you and to get answers including:
- Can I file a lawsuit after the death of a loved one?
- What types of wrongful death damages are available?
- How can a Charleston wrongful death lawyer help me?
Filing a Lawsuit
If someone you care about has been killed, you may be able to file a wrongful death lawsuit. Wrongful death cases are intended to compensate close relatives like spouses, minor children, or parents of kids who lose their lives in preventable accidents. If the victim would have been able to make a personal injury claim if the injuries weren’t fatal, then a wrongful death lawsuit should be brought by survivors to get justice.
To make a wrongful death case, you will need to be able to prove the defendant who you sue did something, or failed to do something, that was the direct cause of the death. A Charleston wrongful death attorney could help you to obtain evidence and make your case.
What is a Wrongful Death Lawsuit?
When someone dies due to the negligence of another person, the family of the deceased can file a wrongful death action. In a wrongful death action, the family is filing a claim for economic damages including loss of income, funeral expenses, and medical treatment given to the deceased. Any family member that was partially or wholly dependent on the deceased would be entitled to compensation in a wrongful death suit.
Types of Wrongful Death Damages
Compensation in a wrongful death case may include:
- Compensation for medical bills for any treatment received by the deceased prior to death.
- Payment for loss of the income the deceased will no longer be earning and contributing to the family due to the untimely end of his work life.
- Loss of companionship and loss of the relationship between the deceased and surviving family.
It can be difficult to determine how much a wrongful death case is worth. Before you accept a settlement, be sure you speak with an experienced attorney. A wrongful death lawyer in Charleston could help you to find experts who will be able to testify about the extent of loss in order to maximize damages. Christmas Injury Lawyers could help you recover damages from any type of wrongful death accident including, but not limited to, an automobile accident, from a defective product or equipment, from a workplace accident, or from medical or professional negligence.
What is Necessary for Initiating a Wrongful Death Action in Charleston?
In order to file a wrongful death action in Charleston, the family of the deceased first need to appoint the appropriate party to move to open an estate on behalf of the deceased. Once the estate is established, an attorney could draft up and failed a summons and complaint against the at-fault party responsible for the death of a loved one.
In the complaint, the plaintiff will allege the duty that was owed to the deceased and the breach of that duty by the defendant. The plaintiff will also state the damages incurred and the total amount of compensation they are asking for. To solidify a compensation amount, a wrongful death attorney may recommend that the estate retain the services of an expert for help with quantifying the damages owed, such as an economist or a doctor for medical expenses.
How a Charleston Wrongful Death Lawyer Could Help
At Christmas Injury Lawyers, we represent plaintiffs in wrongful death cases and provide invaluable assistance in moving claims forward. We are skilled negotiators who could help convince insurance companies and defendants to make reasonable offers so you can avoid the stress of a trial. We also have extensive litigation experience and could make a compelling case to a jury after a death has occurred. To learn more about the ways in which our Charleston wrongful death lawyers advocate for victims and about the legal services we could provide to you after someone you care about has been killed, give us a call today.