Charleston Wrongful Death Attorneys

Compassionate Advocates Protecting Grieving Families

Pierce, Sloan, Kennedy & Early LLC guides families through the loss of a loved one with clarity. Our team understands how difficult these moments can be and stands ready to explain your rights under South Carolina law. We help you regain a sense of control by outlining your options in clear, straightforward language and walking you through every step of the process.

If you lost a loved one because of someone else's negligent or reckless actions, turn to our team for guidance. Our wrongful death lawyers in Charleston dedicate themselves to helping families seek justice and compensation for their losses. We focus on recovering the compensation you need so you can address practical expenses and have the peace of mind that your loved one's memory is honored.

Over the years, our firm has handled many complex and challenging cases, including those involving fatal accidents. We stay current with South Carolina wrongful death laws and are ready to assist with your claim.

How Is “Wrongful Death” Defined in South Carolina?

South Carolina's wrongful death statute, Section 15-51-10 through 60, defines a “wrongful death” as one directly resulting from the “wrongful act, neglect, or fault” of another individual. The law treats wrongful death claims as personal injury actions filed by someone else because the victim cannot file on their own.

The statute covers a wide range of incidents, including situations where the deceased could have filed a personal injury lawsuit had they survived. In Charleston, families often face wrongful death cases arising from vehicle accidents on highways like I-26 and Highway 17, workplace incidents at local port facilities, or issues tied to regional healthcare providers. We keep up with evolving wrongful death laws in South Carolina, so you receive current, practical guidance whether your claim involves a city street accident or a complicated case unique to Charleston County.

Various events can lead to a wrongful death claim. Here are some events that could justify claiming wrongful death:

• Deaths due to negligence (car accidents, etc.)
• Intentional acts that result in death
• Medical malpractice

Wrongful death cases differ from criminal homicide cases. In a wrongful death case, the defendant owes financial damages to the family. Criminal cases may result in prison sentences or other penalties if there is a conviction for homicide.

Who Can File a Wrongful Death Claim in South Carolina?

In South Carolina, the wrongful death statute lets the deceased’s spouse and children seek damages. If there are no spouse or children, parents, heirs, or financially dependent parties may file. We help determine whether you qualify to file and what damages you may claim. Families should gather documentation early to establish legal standing and support their case.

To start a wrongful death claim in Charleston, the court appoints a personal representative. If the deceased has a will, it often names this person; otherwise, the probate court determines who will serve. This representative files the claim on behalf of eligible family members. Charleston County Probate Court oversees estate matters and ensures the proper distribution of any recovery. Families often need documents such as the death certificate, accident reports, and proof of financial contributions from the deceased. Acting quickly helps protect evidence and avoid issues with deadlines under the law.

What is the Statute of Limitations for a Wrongful Death Suit?

South Carolina allows three years from the date of a loved one's passing to file a wrongful death claim. After this period, you likely lose the right to pursue compensation. For deaths linked to medical malpractice, this deadline can extend to six years. For example, if faulty brakes caused a fatal accident, you have three years from the date of the incident to bring your case.

Sometimes, families face shorter timelines if their claim involves local government entities. Claims against the City of Charleston or Charleston County may require extra notice and have unique procedures. Missing these steps can limit your recovery. Early guidance from a wrongful death attorney Charleston families trust helps ensure your claim meets all local requirements.

The date of death may differ from the date of injury, which can affect deadlines. Exceptions and special cases sometimes apply. A wrongful death lawyer in Charleston can clarify your specific situation and help you make informed choices.

If you fail to file your wrongful death claim within the statute of limitations, you may be subject to the following:

• Your claim may be dismissed when submitted
• The opposition may ask for the claim to be dismissed if it’s filed past the deadline, and a judge may approve the dismissal
• You may be liable for all the damages incurred (medical bills, etc.) because of the death of your loved one

Think you might have a claim? Speak to wrongful death attorneys in Charleston by calling (843) 968-0886 today. Pierce, Sloan, Kennedy & Early LLC is here to help.

What Accidents Give Rise to Wrongful Death Claims?

A wrongful death claim in South Carolina applies when someone dies due to another individual's negligence or intentional act. These claims are similar to personal injury lawsuits, but the action is brought for the deceased by their representative or family.

Charleston’s coastal setting and shipping industry contribute to workplace, maritime, and construction fatalities in the area. Our knowledge of the local economy and infrastructure strengthens investigations and helps us gather evidence when claims arise from area workplaces or public spaces.

How Comparative Negligence Impacts Wrongful Death Claims in South Carolina

South Carolina's modified comparative negligence law may reduce wrongful death compensation if the deceased shared responsibility for the accident. If a court finds the deceased more than 50% at fault, the family cannot recover damages. Charleston courts follow this standard.

Determining fault may involve reviewing police reports, witness testimony, and other evidence. Judges consider findings, physical proof, and legal arguments. Understanding these impacts before filing can help families make better decisions about moving forward with their claim.

Our team addresses these concerns with you from the beginning, so you feel informed about how comparative negligence standards apply to wrongful death cases in Charleston courts. We communicate thoroughly, helping families avoid surprises as the claim advances.

Proving a Wrongful Death Claim

This proof relies on a thorough investigation, often using police reports from Charleston County, input from medical professionals, and statements from local witnesses. If more than one party shares blame, South Carolina’s comparative fault laws can affect your recovery. Local court practice can influence what evidence is needed, so working with a wrongful death attorney in Charleston can inform your strategy.

While these basic requirements remain, wrongful death cases may involve complicated evidence and lengthy investigations. The knowledgeable attorneys at our firm pursue every detail to seek justice for your loved one.

Wrongful Death Compensation in South Carolina

Families often feel overwhelmed by the legal process after a loss. We guide you through each stage of your claim, help manage interactions with insurers, and review what your claim may be worth based on your situation and state law.

Compensation in wrongful death lawsuits covers both financial and intangible losses. Courts in Charleston County address survivors’ urgent needs while also considering emotional harms. In some situations, punitive damages may apply if the defendant’s actions were particularly severe. Our awareness of verdicts and settlements in the region helps set expectations for every step in your case.

Wrongful death damages include:

These damages are then divided among the spouse, children, parents, or heirs accordingly. Fair compensation can ease the burden created by another’s actions and penalize wrongful choices. We approach the process carefully, working to ensure that each type of loss—emotional and financial—is fully considered as we assist your family.

Contact the Wrongful Death Attorneys at Pierce, Sloan, Kennedy & Early LLC

Pursuing a wrongful death claim can bring many challenges for a grieving family. Pierce, Sloan, Kennedy & Early LLC helps guide you through these times, prioritizing your best interests every step of the way. We do not charge a legal fee unless we recover compensation for you, giving you confidence as the case moves forward.

We help you understand required steps, clarify paperwork, and coordinate with Charleston County courts to meet all deadlines. Our commitment to open communication keeps you informed about your claim’s progress and legal strategy. Our firm offers years of experience with the South Carolina legal system and strong familiarity with local procedures to support you throughout the process.

FAQs on Wrongful Death in Charleston

How Long Does a Wrongful Death Lawsuit Take?

The duration of a wrongful death lawsuit depends on case details. The strength of evidence, willingness of parties to settle, and complexity of the investigation all affect timing. Straightforward claims may take several months, while more challenging situations could last several years. Good communication with your legal team keeps you updated and manages expectations. At Pierce, Sloan, Kennedy & Early LLC, we keep our clients well-informed and aim to resolve claims as efficiently as possible without affecting the end result.

What Role Does an Attorney Play in a Wrongful Death Claim?

A wrongful death attorney manages evidence gathering, court filing, negotiations, and representation at trial if needed. Your lawyer also helps you understand options, guides you through rules, and works to maximize recovery for survivors. Attorneys at Pierce, Sloan, Kennedy & Early LLC focus on supporting grieving families and representing their interests with diligence and care during these difficult times.

How Is the Compensation Distributed Among Beneficiaries?

In South Carolina, if there is no will, state intestacy laws decide how wrongful death compensation is divided. If a will exists, the distribution follows these instructions. Spouses and children receive priority, but parents or other close relatives may qualify if no spouse or children remain. Distribution rules aim to provide support to those most affected by the loss. Our attorneys help you understand your expected share and ensure the process stays lawful and fair.