Examples of Wrongful Death Claims
- Car accidents. If a driver is negligent or reckless and causes a fatal accident, the victim’s family may file a wrongful death claim.
- Workplace accidents. If a worker dies as a result of an employer’s negligence, such as if the employer failed to provide adequate safety equipment or training, then the worker’s family may file a wrongful death claim.
- Nursing home abuse. If an elderly person dies as a result of abuse or neglect in a nursing home or other care facility, the victim’s family may file a wrongful death claim.
- Construction accidents. If a worker dies as a result of a construction accident caused by negligence or inadequate safety measures, the worker’s family may file a wrongful death claim.
- Motorcycle accidents. If a motorcyclist is killed in an accident caused by another driver’s negligence, the victim’s family may file a wrongful death claim.
- Truck accidents. If a person is killed in an accident involving a commercial truck, such as a semi-truck or delivery truck, due to the truck driver’s negligence or a defect in the truck, the victim’s family may file a wrongful death claim.
- Pedestrian accidents. If a pedestrian is hit and killed by a vehicle due to the driver’s negligence or recklessness, the victim’s family may file a wrongful death claim.
- Slip-and-fall accidents. If a person dies as a result of injuries sustained in a slip-and-fall accident caused by a property owner’s negligence, such as failure to maintain safe premises, provide adequate warnings or fix hazardous conditions, the victim’s family may file a wrongful death claim.
- Medical malpractice. A family may file a wrongful death claim if their loved one dies as a result of medical malpractice, such as a surgical error, misdiagnosis or medication error.
- Product liability. If a defective product causes a fatal injury, the victim’s family may file a wrongful death claim against the manufacturer or seller of the product.
- Criminal acts. If a person is killed as a result of a criminal act, such as assault, robbery or homicide, the victim’s family may file a wrongful death claim.
- Aviation accidents. If a person dies in a plane or helicopter crash due to negligence or a defective aircraft, the victim’s family may file a wrongful death claim against the manufacturer, operator or other parties responsible for the accident.
- Boating accidents. If a person dies in a boating accident caused by another party’s negligence, such as a drunk boater or a boat operator who fails to follow safety regulations, the victim’s family may file a wrongful death claim.
FAQs About Wrongful Death Claims
Who can file a wrongful death claim in South Carolina?
The surviving spouse, children or parents of the deceased are eligible to file a wrongful death claim in South Carolina.
What kind of damages can be recovered in a wrongful death claim?
In South Carolina, damages that may be recoverable include:
- Funeral and burial expenses
- Loss of financial support and services
- Loss of companionship and guidance
- Pain and suffering of the deceased before their death
How long do I have to file a wrongful death claim in South Carolina?
In South Carolina, the statute of limitations for filing a wrongful death claim is 3 years from the date of the person’s death.
Do I need an attorney to file a wrongful death claim?
While you’re not required to have an attorney to file a wrongful death claim, it’s highly recommended. An experienced attorney can help you navigate the complicated legal system, gather evidence, build a strong case, and ensure that you receive the maximum compensation possible.
How is fault determined in a wrongful death claim?
In wrongful death lawsuits, fault is determined through a variety of methods, including police reports, witness statements, and expert testimony. An experienced attorney can help you gather the necessary evidence to prove fault in your claim.
What happens if more than one person is responsible for the death?
If more than one person is responsible for the death, each party may be held liable for their portion of the damages.
How much will it cost to hire an attorney for a wrongful death claim?
At Smith, Born, Leventis, Taylor & Vega, we work on a contingency fee basis, which means that you won’t pay anything unless we win your case. Our fees are based on a percentage of the total compensation you receive, making it a cost-effective option for families seeking justice for their loved ones.
Why Should I Hire Smith, Born, Leventis, Taylor & Vega Personal Injury Attorneys in Columbia, South Carolina?
Losing a loved one due to someone else’s negligence is a devastating experience, and seeking justice through a wrongful death claim can be overwhelming. We understand the emotional toll of wrongful death and are dedicated to helping families seek the compensation they deserve.
At Smith, Born, Leventis, Taylor & Vega, our attorneys have the knowledge and resources necessary to handle even the most complex wrongful death claims.
We Have Extensive Expertise in Wrongful Death Cases
Our attorneys have the knowledge and experience necessary to handle even the most complex wrongful death claims. We understand the relevant laws and regulations, and we know how to gather evidence and present it effectively in court.
We Can Help You Get Maximum Compensation
We can help you maximize the compensation you receive for your loss by evaluating the full extent of your damages, including medical expenses, funeral costs, lost income, pain and suffering, and other factors, and work to negotiate a fair settlement on your behalf.
We Can Handle the Negotiations With the Insurance Companies
Insurance companies may try to deny your claim or offer a low settlement, but we can handle communications with them on your behalf and work to protect your legal rights. We know that insurance companies often try to shift blame to the victim or their family, but we will fight for your right to compensation for your loss.
We Can Help You With the Legal Process
Going through a wrongful death claim can be overwhelming, and our attorneys can provide you with legal representation and support throughout the process. We will handle every aspect of your case, giving you peace of mind and time to focus on healing.
We Don’t Charge a Fee Unless You Win Your Case
We work on a contingency fee basis, which means we only get paid if you win your case. This makes hiring an attorney a cost-effective option for families who are worried about the cost of legal representation. Let us help you seek justice for your loved one.
Get a Free Consultation With Our Columbia Wrongful Death Attorneys
We know that pursuing a wrongful death claim can be overwhelming, especially while grieving. Our team at Smith, Born, Leventis, Taylor & Vega is here to provide compassionate and effective legal representation for your wrongful death claim.
Our attorneys will handle every aspect of your case, so you can focus on healing and being with your family.
Contact us today to schedule your first free consultation and learn more about how we can help you seek the justice and compensation your family deserves after your tragic loss.
