Wrongful Death Lawyer Columbia, SC

Table of Contents

• How Our Wrongful Death Lawyer Can Help You
• Filing a Wrongful Death Claim In South Carolina
• Wrongful Death Compensation
• Infographic
• Wrongful Death FAQs
• Woron and Dhillon, LLC, Columbia Wrongful Death Lawyer
• Contact Our Firm Today

How Wer Can Help You

Losing a loved one is an immeasurably painful experience. When that loss is the result of someone else’s negligence or wrongdoing, the pain is intensified by feelings of injustice and the need for answers. In such difficult times, pursuing legal action may be essential to obtain justice, closure, and compensation for the hardships endured. In Columbia, SC, hiring a wrongful death lawyer is crucial for several reasons:

Establishing Liability

Determining who is at fault in a wrongful death case requires in-depth knowledge of South Carolina’s laws. We will meticulously investigate the circumstances of the death, gather evidence, and pinpoint the responsible parties.

Calculating Damages

Wrongful death claims involve a wide range of potential damages, from medical expenses and funeral costs to loss of companionship and future earnings. Our team can help survivors understand and quantify these damages, ensuring they receive fair compensation.

Negotiating With Insurance Companies

Insurance companies often aim to settle for the least amount possible. When you work with us, you’ll feel confident that you have a strong advocate on their side, pushing for the maximum compensation you deserve.

Court Representation

If a wrongful death case goes to trial, we will represent your interests in court, presenting evidence and making legal arguments to bolster the case.

Filing A Wrongful Death Claim In South Carolina

In South Carolina, the statutes governing wrongful death claims specify who has the legal right to initiate a wrongful death lawsuit when a person dies due to the negligence or misconduct of another individual, entity, or organization. Here’s a breakdown of who can file for wrongful death in the state:

South Carolina’s Wrongful Death Act can be found in Sections 15-51-10 to 15-51-60 of the South Carolina Code of Laws. According to the Act:

Estate’s Personal Representative

The primary party authorized to file a wrongful death lawsuit in South Carolina is the personal representative of the decedent’s estate. If the deceased individual had a will, the personal representative might be named as the executor or executrix. If there’s no will, the court can appoint an administrator or administrator for the estate, who then has the authority to file the lawsuit.

While the personal representative files the lawsuit, it is done on behalf of the deceased’s statutory beneficiaries. The beneficiaries typically include:

• Spouse and Children: The primary beneficiaries are the surviving spouse and children of the deceased. They stand to receive the compensation derived from the lawsuit.
• Parents: If the deceased has no surviving spouse or children, the parents can benefit from the claim.
• Heirs: If there are no surviving spouse, children, or parents, the compensation is distributed according to South Carolina’s intestacy laws, which dictate how assets are dispersed when someone dies without a valid will.

Damages Claimed

The wrongful death lawsuit seeks compensation for various damages, such as:

• Medical expenses prior to the deceased’s death
• Funeral and burial costs
• Lost income and benefits
• Loss of companionship, guidance, and support
• Pain, suffering, or mental anguish suffered by the deceased prior to death
• Punitive damages if the defendant’s actions were particularly reckless or malicious

In South Carolina, when a wrongful death lawsuit is filed and results in a monetary settlement or judgment, certain individuals are designated as beneficiaries and are entitled to receive a portion or all of the compensation. The South Carolina Wrongful Death Act dictates the distribution of these funds. Here’s a detailed look at the beneficiaries in the context of South Carolina law:

• Spouse and Children: The primary beneficiaries in most cases are the deceased’s surviving spouse and children. They are typically the first in line to receive the compensation from a wrongful death claim.
• Parents: If the deceased left behind no surviving spouse or children, then the parents of the deceased can be beneficiaries. This is especially common when an unmarried and childless individual passes away due to someone else’s negligence.
• Heirs at Law: In the absence of a surviving spouse, children, or parents, the compensation from the wrongful death lawsuit will be distributed to the deceased’s heirs as outlined by South Carolina’s intestacy laws. Intestacy laws dictate how assets are dispersed when someone dies without a valid will. This can include siblings, nieces, nephews, and other distant relatives, depending on the specific family circumstances.

Distribution and Considerations

• While the personal representative (or executor/administrator) of the deceased’s estate initiates the wrongful death lawsuit, it’s crucial to understand that any compensation awarded is not considered a part of the deceased’s estate. Instead, it goes directly to the beneficiaries, bypassing the probate process.
• The distribution of the wrongful death proceeds among beneficiaries needs careful consideration. Factors such as the relationship to the deceased, dependency on the deceased for financial and emotional support, and other factors can influence how the funds are allocated.
• In cases where there might be disputes among beneficiaries or clarity is needed regarding the distribution of funds, the court can provide guidance or make determinations on how to divide the compensation.

Wrongful Death Compensation

In South Carolina, wrongful death compensation is designed to provide financial relief to the surviving family members or beneficiaries of someone who has died due to another party’s negligence or wrongful act. The aim is to compensate for the tangible and intangible losses resulting from the untimely death. Here are the various types of wrongful death compensation that you may be entitled to:

• Medical Expenses

This covers the medical costs associated with the final injury or illness of the deceased before their death. It can include hospital bills, surgery costs, medication, and other related expenses.

• Funeral and Burial Expenses

These are the costs associated with the funeral service, burial, or cremation of the deceased.

• Lost Wages and Benefits

Compensation for the potential income the deceased would have earned had they lived, including wages, benefits, retirement contributions, and other financial perks they would have received throughout their expected lifespan.

• Loss of Companionship and Consortium

This covers the emotional and intangible losses suffered by the surviving family members due to the death of their loved one. It’s compensation for the loss of love, companionship, guidance, care, and comfort that the deceased provided.

• Pain and Suffering

This includes the pain, suffering, or mental anguish suffered by the deceased from the time of the injury until their death. It’s a recognition of the physical pain and emotional distress the deceased endured.

• Loss of Support and Services

This compensates for the value of the services, protection, care, assistance, society, companionship, and guidance the deceased provided to the family.

• Punitive Damages

In cases where the defendant’s actions were particularly reckless, malicious, or intentional, the court might award punitive damages. These are not meant to compensate the family but rather to punish the wrongdoer and deter similar behavior in the future.

• Interest

Some wrongful death settlements or judgments may also include interest from the date of the deceased’s death to compensate for the time value of money.

Factors Influencing Compensation

The amount of compensation received can vary based on several factors:

• The age, health, and earning capacity of the deceased.
• The circumstances of the death and the level of negligence or misconduct involved.
• The number and dependency of the surviving beneficiaries.
• The skills and expertise of legal representation.

Given the intricacies of determining and negotiating compensation, families in Columbia, SC who are seeking a wrongful death claim would greatly benefit from the services of our experienced attorney. Woron & Dhillon, LLC., can help you seek the full compensation you deserve.

Infographic

Wrongful Death FAQs

What constitutes wrongful death in South Carolina?

In South Carolina, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another. If the deceased would have been entitled to file an injury claim had they lived, then the personal representative of their estate can initiate a wrongful death lawsuit on behalf of the surviving family members. This means that instances such as car accidents caused by negligent drivers, deaths resulting from medical malpractice, fatalities due to defective products, or deaths stemming from intentional acts of violence can all potentially be grounds for a wrongful death claim in the state. The intent of such claims is to provide compensation for the losses suffered by the deceased’s loved ones and to hold the responsible party accountable.

What is the burden of proof for wrongful death?

In a wrongful death lawsuit, the burden of proof rests on the plaintiff, typically the personal representative of the deceased’s estate. This means that the plaintiff must demonstrate, based on a preponderance of the evidence, that the defendant’s negligence, misconduct, or wrongful act directly caused or substantially contributed to the death of the victim. Essentially, “preponderance of the evidence” means that it is more likely than not, or over 50%, that the defendant’s actions or inactions were the proximate cause of the death. It’s a lower standard than the “beyond a reasonable doubt” criterion used in criminal cases, but it still requires a comprehensive presentation of factual evidence to support the claim.

How do I pursue a wrongful death claim in South Carolina?

In South Carolina, to pursue a wrongful death claim, the personal representative of the deceased’s estate must initiate the lawsuit on behalf of the surviving beneficiaries. The first step often involves gathering evidence, such as medical records, accident reports, and witness testimonies, to establish the defendant’s liability. It’s vital to consult with a knowledgeable attorney who can guide the process, from filing the appropriate paperwork to negotiating with insurance companies or presenting the case in court. Given that there’s a statute of limitations, typically three years from the date of death, it’s crucial to act promptly to ensure the claim’s validity and maximize the chances of a successful resolution.

Woron and Dhillon, LLC, Columbia Wrongful Death Lawyer

1328 Richland St, Columbia, SC 29201

Contact Our Firm Today

In the emotionally-charged aftermath of a wrongful death, it’s paramount to have an experienced and compassionate legal advocate in your corner. Entrusting your case to our Columbia wrongful death lawyer at Woron & Dhillon, LLC means choosing a legacy of excellence, a commitment to compassionate representation, and the assurance that your loved one’s memory will be honored with the utmost dignity and respect. Call today to set up a free consultation.