Sumter Wrongful Death Lawyer

Sumter Wrongful Death Attorney

When you lose a loved one, it is an emotionally difficult time. But losing a loved one due to a wrongful death is traumatic and confusing as you try to deal with legal issues. You and the other surviving family members deserve compensation, but doing it on your own can be overwhelming. For those living in South Carolina, consider hiring a Sumter wrongful death lawyer to guide you through the process.

Defining Wrongful Death

A wrongful death is when a person dies due to someone else’s recklessness, negligence, or purposeful wrongdoing. This can happen as a result of several situations, such as car accidents, truck accidents, medical mistakes or negligence, defective products, or criminal acts.

What a Wrongful Death Lawyer Does

A wrongful death lawyer in Sumter focuses on assisting family members who have lost a loved one due to the negligent or purposeful actions of someone else. This attorney then serves as their legal representative to advocate for the rights of the person who wrongfully died and bring restitution to the surviving members of the family.

Much like those who file a personal injury lawsuit, the attorney will help obtain compensation for the emotional pain experienced, the companionship that was lost, financial difficulties, and other damages.

What Hiring a Wrongful Death Lawyer Can Do for You

When undergoing an emotionally difficult time, the last thing on your mind is trying to navigate through a wrongful death alone. Not only are you devastated, but there are many financial and legal ramifications that you will have to handle. A wrongful death lawyer can help you investigate your case further, gather evidence, negotiate with insurance companies, and serve as your family’s legal representative in the courtroom.

A Wrongful Death Lawyer Provides Legal Guidance

Wrongful death attorneys understand the legal processes, including keeping to deadlines and requirements that must be adhered to. They also can assist you in your claim as they know wrongful death state laws and regulations. With their experience they can walk you through the legal process, making things clearer so that the family knows their options and rights.

A Wrongful Death Lawyer Provides Emotional Support

A sudden death in the family is devastating and traumatic. Having the emotional support of a wrongful death lawyer can provide the compassion and empathy you need as you walk through the pain and sadness of losing a close loved one. They can also provide you reassurance as they can answer any questions you have throughout the process.

Negotiations and Settlements

These kinds of cases typically include negotiating with an insurance company or with the individual responsible for a settlement. With the help of a wrongful death attorney, negotiations can be effectively made to ensure a fair settlement for the family. They can use their knowledge to obtain a settlement that will cover medical expenses for the injury, costs of the funeral, loss of salary, and pain and suffering experienced.

The Skill of an Experienced Wrongful Death Attorney Can Help You Establish Liability

Pursuing a wrongful death claim includes establishing liability to verify that you have a viable case. If you handle the case alone, you will most likely find it too complex, as it typically requires a deep investigation to discover the cause of the incident. It also may involve asking for witnesses to speak on your behalf. This is where your personal injury attorney can help you by gathering evidence that the responsible party owes compensation to the members of the family.

Why It’s Important to Pursue a Wrongful Death Claim

The purpose of pursuing a wrongful death claim is to find justice for the family members who have wrongfully lost their loved ones. It also serves as a means of holding the person responsible for the accident and keeping them from hurting others in the future. It also gives the loved ones of the deceased much-needed compensation to assist with funeral costs, medical expenses, loss of income, and the emotional distress experienced due to the accident.

FAQs for Sumter Wrongful Death Lawyers

Q: What Is the Wrongful Death Statute of Limitations in South Carolina?

A: The wrongful death statute of limitations in South Carolina is three years, which is a time in which the representative of the deceased individual has a chance for the court to accept the claim. Otherwise, if the deadline has passed, it is likely that the court will not accept it. There are some exceptions to this deadline, however, such as some medical malpractice cases. The deadline for these cases may extend up to six years.

Q: Who Are Statutory Beneficiaries in South Carolina for Wrongful Death?

A: The statutory beneficiaries in South Carolina for wrongful death are the surviving family members, such as the spouse and children. If there is no living spouse or children, then the beneficiaries would be the surviving parents. In the event that there are no living family members, such as a spouse, children, or parents, then the beneficiaries would be any heirs of the deceased person.

Q: How Is Wrongful Death Proven?

A: For a defendant to be held liable for a wrongful death, it must be proven that they had a duty to the victim to act as anyone else would in the same situation, such as to drive safely instead of recklessly. The defendant also will have to have breached that duty, and this was proven to be the cause of the victim’s death.

Q: How Does the Settlement Get Paid in Wrongful Death Settlements in South Carolina?

A: Settlements get paid out in South Carolina by benefits that are a part of the deceased’s estate. As these benefits are part of the estate, they are subjected to probate, as all estates are. Once the probate process has been completed, any remaining funds are given to the beneficiaries as declared in the deceased’s will.

Consult with A Sumter Wrongful Death Lawyer

Losing a loved one is an emotionally difficult time and can also be traumatic. Handling confusing legal issues is only adding to your emotional stress. You have a right to receive compensation, but it isn’t wise to do it without legal assistance. For those living in South Carolina, contact the Law Office of Charles T. Brooks III to guide you through the process.