Charleston Wrongful Death Lawyer

Losing a loved one is devastating, especially when the death is unexpected – and caused by another’s recklessness or negligence. Pursuing justice for the deceased is a heavy burden to bear, adding to the weight of grief.

Hoffman Law Firm has helped countless families in Charleston, SC achieve the justice their loved ones deserve, offering hope to those enduring tough times. Our experienced team will handle everything, allowing you to mourn your loss without the added stress of a wrongful death lawsuit.

 

What is a Wrongful Death Lawsuit?

A wrongful death can occur from a wide range of circumstances. The following examples may result in a civil action on behalf of the deceased:

• Medical malpractice
• Car/trucking accident caused by a negligent or reckless driver
• Defective product or medical device
• Vehicle defect/recall
• Nursing home neglect or abuse
• Assault/violence

Determining fault requires proof that the death was caused by the at-fault party’s deliberate actions or negligence. This is seldom a simple task, and requires a deep understanding of South Carolina law. That’s why it’s incredibly important to have a legal team behind you – one with tried-and-true experience handling this unique type of case in Charleston and surrounding counties.

 

Will the Whole Family Receive the Compensation from a Wrongful Death Lawsuit?

There are two components involved in calculating the financial value of your case: a wrongful death claim and survival action. Hoffman Law Firm’s wrongful death lawyers can help you understand the difference between the two before estimating potential damages.

A wrongful death claim refers to the impact on surviving family members, such as funeral costs, future loss of income and outstanding medical bills.

Survival action, however, provides reimbursement for the losses that the decedent suffered between their personal injury and death – such as lost wages and pain and suffering.

Under the common law, the family member closest to the deceased can pursue a wrongful death action, and therefore, recover compensation. This may be a parent, child or spouse, depending on the circumstances.

Common Types of Damages Recovered in a Wrongful Death Case

While the law cannot ease your personal loss, economic damages are awarded to ease the financial burden caused by a loved one’s absence. They may include compensation for:

• Medical bills
• Funeral/burial costs
• Loss of decedent’s income
• Loss of decedent’s financial contribution to the household

Non-economic damages may be tougher to quantify, but often include compensation for:

• Pain and suffering
• Loss of companionship, love, etc
• Loss of consortium

 

How to File a Wrongful Death Lawsuit in South Carolina

If someone else is to blame for your loved one’s death, our wrongful death lawyers can help pursue justice on their behalf. Whether negligence or blatant intent to harm caused the death, our team will fight to hold the at-fault party accountable.

In order to file a wrongful death claim, you must prove the following:

• That a death occurred
• That the death was caused by someone else’s negligence or their intention to harm
• That the death made a financial impact on surviving family members
• A representative for the deceased’s estate has been assigned

Keep in mind that only certain people may pursue legal action on their loved one’s behalf. In South Carolina, only the representative or executor mentioned above can file a wrongful death claim. Most wills name an executor, but if the deceased did not have one or the person cannot/does not wish to serve, the court may appoint one.

How Does SC Law Determine Who Gets What After a Wrongful Death Lawsuit?

Here in South Carolina, the following surviving family members can claim compensation in a wrongful death claim:

• The decedent’s spouse and children
• The decedent’s parents (if no surviving spouse or children)
• The decedent’s heirs (if no surviving spouse, children, or parents)

How to Proof a Wrongful Death Took Place

Proving that a wrongful death occurred can be difficult without the help of an experienced attorney – especially while you are grieving the loss of a loved one. Trust the wrongful death lawyers at Hoffman Law Firm to handle your accident lawsuit and offer the legal guidance necessary.

In order to file a wrongful death claim, you must prove the following:

• That a death occurred
• That the death was caused by someone else’s negligence or their intention to harm
• That the death made a financial impact on surviving family members
• A representative for the deceased’s estate has been assigned

 

What is the Difference Between a Wrongful Death Lawsuit and a Survival Action Lawsuit?

A wrongful death lawsuit is filed on behalf of the deceased’s family while a survival action is filed on behalf of the deceased person. These types of lawsuits also vary in the damages available, with wrongful death lawsuits seeking to compensate survivors for their loss. Survival actions, however, are focused on reimbursement for the losses and suffering experienced by the deceased between their accident and death.

Here at Hoffman Law Firm, our wrongful death lawyers can help differentiate between the two and estimate the potential damages available in your case. To learn more or to schedule a free consultation, contact our Charleston area law firm today.

Understanding Survival Action in Wrongful Death Lawsuit
Survival action, as mentioned above, refers to the suffering of the deceased as opposed to the impact of their death on their loved ones. In essence, survival action damages are similar to those that would have been recovered in a personal injury lawsuit if the person had lived. Compensation is dispersed through the person’s estate instead of directly to their family.

Types of Compensation I Can Recover In Survival Action
The deceased’s survivors may receive compensation for the following:

• Pain and suffering
• Medical bills
• Emotional distress
• Funeral costs (unless recovered through a wrongful death lawsuit)

Note that unlike a wrongful death lawsuit, there is no recovery of damages incurred after death – such as loss of future income.

6 Mistakes to Avoid in a Wrongful Death Lawsuit

Wrongful death lawsuits are often complex, requiring a qualified attorney with extensive experience handling cases like yours. Our team is equipped to fight for your family, but to ensure the best possible results, we ask that you avoid these common mistakes.

Mistake #1: Arguing with family.
This is often easier said than done, especially when tensions are high. Do your best to avoid fights and miscommunications with family members to ensure the legal process moves forward as smoothly as possible.

Mistake #2: Talking to the insurance company.
Remember that the insurance company is NOT on your side. While they may seem genuine as they offer condolences, they do not have your best interests – or your deceased loved one’s – at heart. Let our wrongful death lawyers handle all communication.

Mistake #3: Speaking publicly.
It may be tempting to speak to the local news media or make a public statement, but what you say could be used against you. Don’t let a slip of the tongue negatively impact your wrongful death lawsuit.

Mistake #4: Accepting a settlement too hastily.
The insurance company may offer a payout that is far less than your family deserves. Never accept a settlement without first consulting your wrongful death lawyer. If the insurance company refuses to make a reasonable offer, your attorney will likely recommend filing a lawsuit.

Mistake #5: Waiting too long to pursue a wrongful death claim.
South Carolina’s statute of limitations is three years for a wrongful death claim, meaning that you have three years from your loved one’s death to file a claim.

Mistake #6: Attempting to handle your case on your own.
Given the complicated nature of wrongful death claims, handling one without the help of an attorney puts your compensation at risk. Trust our wrongful death lawyers to provide trusted legal representation on behalf of your loved one and to demand the justice they deserve.

How Much is a Wrongful Death Lawsuit Worth in South Carolina?

Similar to other personal injury claims, there is no way to determine exactly what your case is worth. Once our wrongful death lawyers learn more about your claim, we will be able to estimate what it is worth by factoring in the following:

• Economic damages (medical expenses, funeral costs, etc.)
• Non-economic damages (pain and suffering, loss of companionship, etc.)
• Punitive damages (to punish the responsible party for their misconduct)
• Survival action (deceased’s suffering experienced prior to death)

 

Are Wrongful Death Lawsuits Taxable in South Carolina?

No, settlements paid out in wrongful death lawsuits are not taxed by the IRS. There is one exception, though. If punitive damages are awarded, this portion of the settlement will be taxed.

Ready to file? Choose Hoffman Law Firm to Manage Your Case

Our top-notch team of personal injury lawyers is standing by, available to offer trusted legal advice in your time of need. Our local law team is proud to serve the Palmetto State, walking beside accident victims through their most difficult days.

If you have lost a loved one in a wrongful death accident, contact Hoffman Law Firm today. Our wrongful death lawyers are here to help.

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