Charleston Wrongful Death Attorneys

Compassionate Advocates Protecting Grieving Families

At Pierce, Sloan, Kennedy & Early LLC, we understand how devastating it can be to lose a loved one. If you lost a loved one because of another person's negligent or reckless actions, turn to our team of advocates for guidance. Our wrongful death lawyers in Charleston are dedicated to helping grieving families seek justice and fair compensation for their losses. Our focus is to recover the maximum compensation possible so that you can cover practical expenses and have peace of mind knowing your loved one has been honored.

Over the years, our firm has taken on countless complex and challenging cases, including those involving fatal accidents. We are well-versed in the wrongful death laws in South Carolina and are equipped 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 that is directly caused by a “wrongful act, neglect, or fault” or another individual. Under this definition, wrongful death claims are viewed as personal injury cases that are brought to court by another person, since the victim is no longer available to file the claim for themself.

Like all lawsuits, there are various events that can warrant filing a wrongful death claim. Here are some events that could justify claiming wrongful death:

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

Wrongful death cases differ from criminal homicide cases in that the defendant is only liable to compensate the grieving family financially in a wrongful death case but may be subject to a prison sentence or more if convicted for homicide.

Who Can File a Wrongful Death Claim in South Carolina?

In South Carolina, the wrongful death statute allows for action to be pursued on behalf of the deceased’s spouse and children. In cases where there is no spouse or children, an action may be brought on behalf of the parents, heirs, or parties financially dependent on the deceased. We can help you determine if you are eligible to file and what damages you can recover. It is important for families to act swiftly and ensure that they are equipped with the proper documentation and knowledge to establish legal standing.

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

The statute of limitations to file a wrongful death claim in South Carolina is three years from the date of your loved one’s passing. This means you have only three years to file a claim or you will most likely lose your right to file and recover compensation. This statute can be extended to six years if the wrongful death occurred because of medical malpractice. For example, if your loved one died in a car accident due to faulty brakes on behalf of the manufacturer, you would have three years from the time the accident occurred to file your case.

It’s worth noting that the date of your loved one’s death may be different from the date they suffered the injuries that led to their passing. Exceptions to this rule exist that can change the amount of time you have to file. By consulting an attorney you may better understand the timeline for your specific claim and what next steps should be taken.

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?

In South Carolina, wrongful death claims can be filed when a person is killed due to the negligence or intentional act of someone else. Wrongful death claims are mostly the same as personal injury claims except the injured party has died, and the claim is being brought on behalf of the deceased.

Proving a Wrongful Death Claim

While these elements may seem simple, establishing proof in a wrongful death case can often be an extremely complex endeavor requiring evidence, lengthy investigations, and the skills of a knowledgeable attorney. You can trust our Charleston wrongful death lawyers to ensure no stone is left unturned in pursuit of justice for your loved one.

Wrongful Death Compensation in South Carolina

Many times, clients come to us concerned about the challenges of taking legal action so soon after the loss of their loved one. When you trust your claim to our team, we can walk you through the entire claims process and shoulder the legal burdens for you. We can explain what your claim may be worth, what to expect with insurers, and what is needed to prepare an effective claim.

Wrongful death damages include:

These damages will then be divided among the spouse and children or parents / heirs in a fair manner. The damages that could be paid out upon a successful wrongful death claim are meant to alleviate some of the pain brought on by the loss of a loved one due to the negligence or intent of someone else. They are also intended to punish the person who caused the death and deter others from becoming involved in similar behavior in the future. It’s important to approach this process carefully to ensure the compensation reflects all facets of your loss, from emotional support through to financial security, and we stand ready to provide the necessary guidance.

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

Pursuing a wrongful death claim can be challenging and bring emotional obstacles for mourning family members and loved ones. The good news is that Pierce, Sloan, Kennedy & Early LLC is here to ensure you don’t navigate this time on your own. When you retain the representation of our wrongful death attorneys in Charleston, you can rest easy knowing we have your best interests in mind. In fact, we don’t charge a single legal fee until and unless we win your claim, giving you further peace of mind and assurance.

FAQs on Wrongful Death in Charleston

How Long Does a Wrongful Death Lawsuit Take?

The duration of a wrongful death lawsuit can vary widely depending on the circumstances of the case. Factors such as the clarity of evidence, the willingness of insurance companies to settle, and the complexities of the investigation can all impact the timeline. On average, a straightforward claim may take a few months, while more complicated situations could extend to several years. It’s crucial to have consistent communication with your legal team to understand the progress and manage expectations. At Pierce, Sloan, Kennedy & Early LLC, we keep our clients well-informed and strive to resolve claims as efficiently as possible without compromising the outcome.

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

An attorney's role in a wrongful death claim is multifaceted, encompassing everything from evidence gathering and filing legal documents to negotiating with insurance companies and representing clients in court. A wrongful death lawyer also serves as a guide, helping families understand their rights and the legal options available to them. They ensure that all procedural rules are followed and work to maximize the financial recovery for the survivors. At Pierce, Sloan, Kennedy & Early LLC, our attorneys are deeply committed to representing the interests of grieving families with diligence and empathy, providing the support they need during such a challenging time.

How Is the Compensation Distributed Among Beneficiaries?

In South Carolina, compensation from a wrongful death lawsuit is typically distributed according to the state's intestacy laws if there is no will. However, if the deceased has left a will, the compensation is distributed as specified. Generally, spouses and children are the primary beneficiaries. If neither is present, parents or other close relatives may be entitled. These distributions aim to provide financial support to those most affected by the loss. Our attorneys can guide you through understanding the expected distribution, ensuring that you receive equitable and lawful compensation for your loss.