Indian Land Wrongful Death Lawyer

Losing a family member is always a traumatic experience, but losing a loved one because of someone else’s carelessness or recklessness can be particularly devastating. If your loved one died because of the negligent actions of another party in Indian Land, you could be entitled to recover compensation through a wrongful death claim.

The loss of a loved one is often accompanied by the financial strain of losing crucial income and paying unexpected costs, such as medical bills and funeral expenses. The compassionate Indian Land wrongful death attorneys at the law firm of McKinney, Tucker & Lemel LLC can help you pursue the money you need to cover these losses and take time to grieve. We have the necessary knowledge and skills to help you hold the at-fault party accountable for their recklessness in a South Carolina wrongful death claim.

If you lost a loved one due to someone else’s negligence, contact us today for a free and confidential consultation to discuss your case and review your legal options with an Indian Land personal injury attorney.

Who Can Bring a Wrongful Death Lawsuit in Indian Land, South Carolina?

Under South Carolina law, the deceased individual’s personal representative must bring a wrongful death lawsuit. In most cases, the personal representative is the executor of the deceased’s estate. If the deceased never designated a personal representative, the court has the power to assign a personal representative.

While the personal representative officially brings the wrongful death action according to the wrongful death statute, they do so on behalf of the deceased person’s family. The individuals who might benefit from an Indian Land wrongful death lawsuit include:

• The deceased’s surviving spouse
• The deceased’s children
• The deceased’s surviving parents, if there is no surviving spouse or children
• The deceased’s named heirs, if there is no surviving spouse, children, or parents

In many cases, people choose to designate a relative as their personal representative in their estate plan. If your deceased family member named you as their personal representative, our attorneys can help you navigate the legal process, provide you with advice, and advocate for your family in a wrongful death suit.

Please note, the state of South Carolina has a Statute of Limitations on wrongful death claims, What this means is you have a set time period in which you may bring your wrongful death claim. That time period is three years.

Compensation for Wrongful Death in Indian Land, South Carolina

By bringing a legal claim, you may be able to pursue compensation from the at-fault parties responsible for your loved one’s death. The purpose of compensation is to reimburse your family for financial and non-financial losses related to your loved one’s death.

Some common types of losses surviving family members could recover damages for through wrongful death lawsuits include:

• Medical expenses – If the deceased incurred medical care expenses for their personal injuries before they passed away, you could claim compensation for those costs, including hospital bills, surgeries, treatments, medications, and more.
• Funeral and burial expenses – If someone else caused your family member’s death, you shouldn’t have to cover the funeral and burial costs yourself. Funeral and burial expenses can be costly, but a successful wrongful death claim can provide compensation to cover them.
• Lost wages – If your loved one was the family’s breadwinner, your family could lose its most significant source of income as a result of their death. You have a right to claim compensation for lost financial support.
• Loss of consortium – Some losses are non-financial. If your family suffered the loss of companionship, affection, guidance, and love due to your loved one’s death, you could claim compensation for these losses.
• Loss of domestic services – Individuals often provide household services such as childcare, cleaning, yard work, cooking, and other services. If you lose these services due to your loved one’s death, you could claim compensation.
• Pain and suffering – Families suffer immense grief when they lose a member, and they deserve to be compensated for the anguish they endure.
• Punitive damages – In certain situations, punitive damages might also be available. Punitive damages are designed to punish the at-fault party for excessive recklessness or gross negligence. The point is to prevent future instances of negligence or misconduct.

Some types of losses, particularly non-financial losses like pain and suffering, can be challenging to quantify. That’s why you should consult an experienced South Carolina wrongful death attorney to properly document and calculate your family’s losses.

 

Essential Elements of a Wrongful Death Case

To bring a successful wrongful death case, you need to ensure the following four elements are present:

• Duty – You will need to show that the defendant owed your loved one a duty of care to prevent them from being harmed.
• Breach of duty – You will need to show that the defendant breached the duty of care through reckless or careless actions.
• Causation – You will also need to demonstrate how the defendant’s negligence directly contributed to your loved one’s death.
• Losses – Finally, you will need to show that you and your family members suffered losses due to your loved one’s death.

A wrongful death claim is a civil action that is separate from any criminal case the state might bring against the individuals responsible for the person’s death. As civil matters, wrongful death claims have a lower burden of proof than a criminal case. Even if a criminal case ends in an acquittal or charges are never brought, a wrongful death lawsuit could still be successful.

Proving a wrongful death case requires gathering crucial evidence. The Indian Land wrongful death attorneys at the law firm of  McKinney, Tucker & Lemel, LLC have the resources to collect and preserve the evidence you need to help you file a strong case.

How Our South Carolina Wrongful Death Attorney Can Help You

Did your family member die as a result of someone else’s negligence or misconduct? If so, you could be entitled to recover compensation from the at-fault party.

Our lawyers stand ready to conduct a thorough investigation of the accident, gather evidence to support your case, identify the liable party or parties, document and calculate the losses you sustained, and aggressively pursue the compensation you and your family deserve.

Contact the law firm of  McKinney, Tucker & Lemel LLC today to speak to a compassionate attorney in Indian Land, SC, about your options and how we can help. We offer a free case evaluation and legal advice to all prospective clients.