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Did Somebody’s Reckless Behavior Take Away the Person You Love?

Losing a loved one is one of the most difficult things you will ever have to face. Nothing really prepares you for it, and the pain never completely goes away.

When your loved one’s death was caused by another person’s careless behavior, your sense of remorse can be overwhelming. The wrong you have suffered can never be undone, but survivors certainly have the right to seek justice.

Proving a wrongful death claim is a complex process that requires a considerable amount of legal acumen. If you are thinking about filing a wrongful death claim, contact Allen Law and schedule a FREE consultation today by calling (843) 882-5005.

People move at the speed of trust, and we aim to ensure our clients fully trust us with their case.”
- Julian Allen
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Filing a Wrongful Death Suit

A wrongful death occurs when someone’s death is caused by the negligent, reckless, or intentional act of another person or a group of people. A wrongful death claim is a civil lawsuit filed by the decedent’s survivors. This is different from a criminal conviction, which would be pursued by a district attorney.

Examples of behaviors that may lead to a wrongful death claim include a medical doctor who failed to follow established procedures, someone who caused a motor vehicle accident while driving under the influence, or a business that allowed employees to work in unsafe conditions.

To prevent conflicts that might arise from having more than one survivor filing claims, the State of South Carolina requires all wrongful death claims to be filed by the executor of the decedent’s estate. The executor is generally designated by the decedent’s will or estate plan, but if there isn’t an executor, one may be named by the court.

Although each case is different, claimants to a wrongful death suit will usually be considered in the following order:

  • Spouse
  • Children
  • Surviving parents or siblings
  • Other heirs named in the will
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How Your Attorney Can Help

To win a wrongful death lawsuit, your personal injury lawyer must prove that your loved one’s death was caused by a party’s actions or by their failure to act. The party in question could be a person, entity, or company. Survivors have three years to file a claim, but you’ll want to get the process started as soon as possible, while the evidence is still fresh.

The attorney representing the estate in a wrongful death claim will gather evidence and interview witnesses. They may examine police reports, internal company documents, surveillance camera video, and other types of relevant information. Expert testimony is often crucial for proving a wrongful death claim.

A wrongful death claim may involve one of the following causes:

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Getting Compensation in a Wrongful Death Claim

No amount of money could ever make up for the loss of a loved one. But the family may be facing considerable expenses, and it’s only right that the person who caused your loss should pay for the harm they have done.

South Carolina Law recognizes the need for punitive damages in cases where the defendant’s actions were reckless, willful, or malicious.

Compensation in wrongful death cases may include the following:

  • End-of-life medical costs
  • Pain and suffering
  • Funeral costs
  • Loss of a provider
  • Loss of companionship
  • Loss of parental guidance
  • Loss of household services
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Thinking About Filing a Wrongful Death Claim?

Julian Allen has been recognized for outstanding legal service with an AV Preeminent® rating from Martindale-Hubbell®. To learn more about how we can help with a wrongful death claim, call Allen Law today at (843) 882-5005.

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