Losing a loved one can be an unimaginable and devastating loss for a family to endure – particularly if it’s due to the fault of another party.
Wrongful death occurs when you lose a loved one due to the negligence, reckless, or intentional act of another person. While there is nothing that can be done to return your loved one, our team of wrongful death attorneys will fight for you to receive the compensation you deserve.
Let Hoffman Law Firm help you heal and move forward. Keep reading as we explain what a wrongful death attorney is and how we can help you recover compensation in a wrongful death case.
What is a Wrongful Death Attorney?
A wrongful death attorney provides legal counsel for those who have lost a loved one due to another party negligently or knowingly causing the death of another person. These types of losses, known as wrongful deaths, can occur under different circumstances.
Some of the most common types of wrongful death cases include car accidents, medical malpractice, defective products, and pedestrian accidents.
With the assistance of the local Hoffman Law Firm’s wrongful death attorneys near you, we can help ease your mind while you take the necessary time to grieve. We will take the lead in investigating the circumstances that led to the loss of your loved one, determine liability, and file a wrongful death lawsuit on your behalf.
What Elements of Proof are Needed in a Wrongful Death Case?
Before moving forward with a wrongful death claim, you need to determine whether the loss of a loved one falls under wrongful death as determined by South Carolina law.
To file a wrongful death claim on behalf of a lost loved one, you and your attorneys will need to be able to prove the following elements:
Breach of Duty
Everyone from truck drivers to doctors must act in a way that does not cause harm or injury to others. In a wrongful death case, you must be able to prove that the at-fault party breached this unwritten obligation.
Examples of a breach of duty would include:
- product manufacturers who use harmful materials to create their products and proceed to sell to consumers
- Property owners who fail to maintain and repair hazards that could harm visitors
- A driver who texts, makes calls or otherwise uses their phone while behind the wheel
Negligence Led to Loss
Wrongful death cases must be able to show that the loss was a direct cause of the other party’s negligent actions. To put it simply, the at-fault party breached their duty of care and it led to the victim’s death.
Presence of Financial and/ or Emotional Damages
The loss of a loved one is more than the grief and pain felt by those closest to the victim, but in the financial hardships that followed. The victim’s death must have led to financial or emotional damages, such as the following:
- Medical bills
- Loss of income
- Burial and funeral costs
- Pain and suffering damages
How We Can Help You Recover Damages
Not all losses are the result of malicious intent. Many wrongful death cases arise from car accidents where a negligent mistake was made by the driver.
Proving each of the elements referenced above, along with dissecting and understanding South Carolina wrongful death laws can be challenging and often overwhelming to the victim’s family. For this reason, many loved ones find peace of mind and solace working with our wrongful death lawyers.
Our team at Hoffman Law Firm could never claim to understand what you are going through – nor would we. What we can do, however, is investigate your claim and help you navigate the legal proceedings and laws to determine if there is a legitimate claim.
Get Help from a South Carolina Accident Lawyer Today
As one of the leading wrongful death law firms in Charleston, SC, we are here to fight for you and your lost loved one in the hopes of helping you receive the compensation you deserve.
By scheduling a free consultation, a wrongful death lawyer from Hoffman Law Firm will be assigned to your case and help you determine if there is a reason to move forward in the claims process.
Contact us today to speak with a member of our team and let us help you move forward.
Our personal injury law firm offers trusted legal representation right here in the Lowcountry, including these practice areas:
Other Helpful Personal Injury Blogs:
Can A Personal Injury Case Be Reopened in South Carolina?
Comparative Negligence: The Balance of Blame
Common Mistakes to Avoid in a Personal Injury Claim
Do You Have A Personal Injury Case?
Evidence: Your Personal Injury Case Depends on it
How Social Media Can Impact Your Personal Injury Claim
How Long Does It Take To Settle A Personal Injury Claim in Charleston?
Personal Injury Lawsuit: Definitions of Common Personal Injury Terminology
Maximizing Your Compensation in a Personal Injury Case
Understanding Lost Wages After You Were Injured In an Accident in South Carolina
What is a Contingency Fee When Hiring a Personal Injury Attorney?
What Are Mental Anguish Damages?
What Is the Role of Your Personal Injury Attorney?
What Qualifies As Pain and Suffering in a Personal Injury Case?
10 Reasons You Lost Your Personal Injury Lawsuit: How To Win Your Next Lawsuit
Reviewed by Board-Certified Personal Injury Attorney
With a combined legal expertise of over 75 years, Hoffman Law Firm has been serving the locals of Charleston with trusted legal advice and representation in the field of personal injury law. Winning cases ranging from thousands to multimillion-dollar settlements, we have earned a reputable reputation for handling auto accidents, workers’ compensation, slip and fall, and other personal injury cases throughout the Lowcountry for over 15 years and counting.