Fort Mill Wrongful Death Lawyer

Losing someone you love is difficult under any circumstances. If the death occurred unexpectedly due to someone else’s carelessness or a wrongful act, then coping with your loved one’s loss can be even more painful.

If your loved one died because of someone else’s negligent or wrongful act, you should not have to struggle financially. Our knowledgeable attorneys have seen firsthand the devastating effects a fatal accident can have on a family. Through a wrongful death lawsuit, you may seek justice on behalf of your loved one and secure compensation to help your family regain financial stability and move forward.

The Fort Mill attorneys of McKinney, Tucker & Lemel LLC can review the details of your loved one’s death during a consultation and provide legal guidance about the appropriate steps to take. Contact us today to speak with a member of our compassionate team.

Who Can Bring a Wrongful Death Lawsuit in Fort Mill, South Carolina?

Under South Carolina law, a wrongful death lawsuit may be filed on behalf of the spouse and child of the deceased. If the deceased person did not have a spouse or children, the wrongful death action is brought for the benefit of the deceased’s parents.  The executor or personal representative of the deceased’s estate has the exclusive right to bring a wrongful death lawsuit in South Carolina.

A personal representative is an individual who has been approved by the court to manage the deceased’s final affairs and disperse the estate. If the deceased left a valid will, the executor designated in the will could act as the personal representative of the deceased with court approval. If the deceased did not leave a valid will or if their nominated executor is unwilling or unable to fulfill their duties, the court may appoint a personal representative.

Once the court approves a personal representative, that individual can file a wrongful death lawsuit on behalf of the family of the deceased. Any of the following parties may benefit from a wrongful death claim:

• Surviving spouses
• Surviving children, biological or adopted
• Surviving parents, if the deceased did not leave behind a spouse or child
• Other surviving heirs or dependents, if the deceased did not leave behind a spouse, child, or parent

Types of Damages in a South Carolina Wrongful Death Claim

A wrongful death claim is similar to a personal injury claim, except the accident victim is no longer alive to collect the compensation. As a result, the money awarded in a South Carolina wrongful death claim is given to surviving heirs as compensation for their losses.

Depending on the circumstances surrounding a wrongful death, the surviving family members may seek compensation for the following types of damages:

• Funeral costs – Compensation may be available for reasonable funeral expenses, such as the costs of burial, cremation, or memorial services.
• Loss of income – If the deceased contributed any income, benefits, or other financial support to the family, their dependents may be entitled to compensation for the loss of any lifetime financial support the deceased would have provided.
• Loss of personal contributions – Surviving family members may also be entitled to compensation for the loss of the personal contribution the deceased would have provided if they had survived. This can include things like childcare, household maintenance, companionship, advice, and guidance.
• Pain and suffering – Compensation may be available for the intangible costs of the pain and suffering surviving family members endure due to their loved one’s wrongful death.
• Punitive damages – Punitive damages are awarded special cases when extreme recklessness or intentional malice result in wrongful death. Punitive damages are intended to punish wrongdoers and discourage similar behavior in the future.

How Our Attorneys Help Families with Wrongful Death Claims

At McKinney, Tucker & Lemel LLC, our compassionate Fort Mill attorneys understand the difficulties that can follow the unexpected loss of a loved one. When we accept a wrongful death case, our attorneys work relentlessly to seek justice and fair compensation on behalf of surviving family members. The legal services we provide include:

• Meeting with all interested parties in a free initial consultation to gain an understanding of the circumstances that led to your loved one’s death
• Evaluating whether you have grounds to file a wrongful death lawsuit and if so, establishing a solid foundation for your case
• Conducting an independent investigation to uncover evidence and identify those who may be at fault for your loved one’s death
• Communicating with third parties such as insurance companies, and other attorneys on your behalf
• Working with expert witnesses such as physicians and accident reconstruction specialists who can provide professional insight into possible causes of death
• Locating your loved one’s will to determine who they nominated as their executor
• Working with the personal representative of the deceased’s estate to validate the will in court and begin the process of filing a wrongful death lawsuit
• Seeking fair compensation for your family’s losses by negotiating aggressively with the other side during settlement talks
• Taking the wrongful death case to court to demand justice in court, if necessary

Statute of Limitations for South Carolina Wrongful Death Lawsuits

If you suspect your loved one was the victim of a wrongful death, you should be aware of the statute of limitations that could affect your ability to file a lawsuit.

South Carolina civil law imposes strict limits on the time available to take certain types of legal action. When it comes to wrongful death lawsuits, the law allows three years from the date of your loved one’s death to file a claim.

If you wait to file a wrongful death lawsuit until after the deadline has passed, the court will likely dismiss your case and bar you from seeking compensation for your losses. A trusted Fort Mill wrongful death attorney can help you determine the time limits for your lawsuit and ensure your case is handled in a timely manner.

Contact a Fort Mill Wrongful Death Attorney Today

Whether your loved one’s death was caused by a reckless driver, a negligent medical professional, or some other wrongful act, you deserve answers and justice to help your family rebuild and heal. Contact McKinney, Tucker & Lemel LLC today to learn more about your legal options in a free initial case review.