Columbia Wrongful Death Lawyer

When a loved one dies, questions may arise as to whether someone else is at fault. Wrongdoing by someone other than the deceased may give rise to a wrongful death action. Wrongful deaths happen in many ways – car accidents, bus accidents, pedestrian accidents, bicycle accidents, incidents or abuse at nursing homes and childcare facilities.

After a family member’s death, you may find yourself bearing heavy financial burdens, let alone the emotional hardships of losing your loved one. A Columbia wrongful death lawyer could help people like you who suffer from the loss of a family member because of another’s wrongful actions. Reach out to a lawyer today.

Who Could Bring Forth a Wrongful Death Action in Columbia?

A deceased person’s surviving immediate family members – husband, wife, or child – are the beneficiaries to a wrongful death action, according to Section 15-51-20 of the South Carolina Code of Laws. Generally, the executor brings the wrongful death action and must do so within three years of the date of death, according to S.C. Code §15-51-20 and §15-3-530(6).

What are the Types of Wrongful Death Actions?

Wrongful death actions result from the negligent, reckless, or willful acts of another person or entity. A Columbia wrongful death attorney could review the information surrounding the cause of death and determine whether negligence exists. Under the laws of comparative negligence, negligence on both sides is considered and evaluated. As long as the deceased contributed no more than 50 percent to the cause of death, then fault remains with the wrongdoer and damages are distributed accordingly.

Many types of accidents result in wrongful deaths, such as auto accidents, bus accidents, pedestrian accidents, and slip and fall accidents. Wrongful deaths occur at places like hospitals, doctor offices, nursing homes, and childcare facilities because of negligence or abuse.

Whatever the place or cause, a Columbia wrongful death lawyer could gather specific information to establish fault. Medical records, industry standards, surveillance videos – and much more – take time and scrutiny to review but could all be considered. Sometimes, experts advise on whether an individual acted negligently. Large amounts of effort go into the process of determining wrongful conduct and then proving it.

Types of Recoverable Losses

Two main types of damages exist in wrongful death actions – economic and non-economic – and may include:

  • Funeral expenses
  • Medical or hospital bills
  • Pain and suffering
  • Loss of companionship
  • Loss of support
  • Mental suffering
  • Lost wages
  • Lost future earnings

Placing a number figure on some of the damages is straightforward, such as medical bills and funeral costs. The more difficult damages to calculate, such as loss of companionship and mental suffering, depending on the information presented to the jury or during the negotiation stages in the settlement.

When addressing the issue of damages, a Columbia wrongful death lawyer gathers the medical bills, funeral bills, income and benefits-related documents, and also factors the projected lifespan and earnings of the deceased. All of this information – and more – is used to argue the amount of damages.

Either a jury reaches a verdict, deciding the amount of damages, or the parties to the wrongful death action reach a settlement. The court must approve any settlement reached, according to S.C. Code §15-51-42.

Get Help for Your Situation

You are undoubtedly hurting from the loss of your loved one. Far before the jury sees and hears evidence and testimony or settlement negotiations begin, a Columbia wrongful death attorney could take the time to review all the relevant documents and information necessary to seek compensation for you. Make time to reach out to a Columbia wrongful death lawyer who could help find out the answers to the questions that bother you.





Free Consultation

(843) 884-6615

The contents of this Web site are for informational purposes regarding legal issues in South Carolina and are not intended to convey detailed legal advice on specific issues. Transmission of the information contained in this site or any sites linked hereto is not intended to create, and receipt does not constitute an attorney-client relationship. Our attorneys practice law only in jurisdictions we are properly authorized to do so and do not seek to represent anyone in any jurisdiction where this site does not comply with applicable laws and bar rules. The lawyers of the law firm of Christmas Injury Lawyers are licensed to practice law in the State of South Carolina. Readers should not act upon the information contained in this site without first seeking the advice of an attorney licensed to practice in your area.

Attorneys principally practice in Mt. Pleasant office, but we will meet you at the time and office most convenient to you. We will also come to your hospital room or home upon request.

The information given above are examples of actual cases with actual clients our law firm has handled in the past. The reviews listed on our website are endorsements and/or testimonials from actual clients. Any results our law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

In an effort to continue serving the community while keeping everyone healthy and safe, our office is offering phone and video consultations. To schedule or learn more call (843) 884-6615 or fill out a contact form here.