Wrongful deaths aren’t accidents. Get justice for your loved one. Call an experienced wrongful death lawyer in Charleston for help.
When we lose a family member, it’s normal to feel grief. But when their death could have been prevented or was caused by someone else’s wrongful, intentional, or careless actions, your family may demand that the at-fault party be held accountable through a civil lawsuit.
At a time when you should be able to mourn, it can be difficult to fight a legal battle. But doing so may be the best way to ensure that those responsible for your loved one’s death pay for what they’ve done.
An experienced Charleston wrongful death lawyer at Louthian Law Firm, P.A. can guide you through the entire South Carolina wrongful death process.
Who Can File a Wrongful Death Lawsuit in SC?
You may be fired up and ready to get justice, but before you can, you need to find out whether you have the authority to file a wrongful death claim.
Under South Carolina law, only the executor or administrator of the decedent’s estate can file the wrongful death claim. This could be anyone the decedent named prior to their passing. But if the deceased did not name an executor, the court may appoint one.
Although the executor of the estate will file the claim, any damages sought in the claim are for the sole benefit of the surviving family. This might include the decedent’s surviving spouse and children, their parents, or a legal heir if none of the previously mentioned parties exist.
Compensation in Charleston Wrongful Death Claims
Wrongful death claims allow surviving family members to recover compensation for the ways in which the wrongful actions of the liable party harmed their lives. This can include both monetary and non-monetary losses, some of which could include the following:
The decedent’s medical expenses
Funeral and burial expenses
Lost income and other benefits
Loss of household services (childcare, household maintenance, etc.)
Other relevant financial losses
Loss of companionship, society, and support
Loss of guidance, experience, and knowledge
Lost protection and care
Pain and suffering
In addition to these losses, the liable party could also be required to pay a sum of exemplary damages (also called punitive damages) if the court finds reason to punish them beyond standard compensatory damages. Punitive damages aren’t awarded often, but when the liable party intentionally harmed the decedent or was otherwise extremely negligent or careless, punitive damages may be appropriate.
Meet with a Wrongful Death Lawyer in Charleston
If your family is mourning after losing a loved one to a wrongful death, you may have legal options for getting justice. Contact a Charleston wrongful death lawyer at Louthian Law Firm, P.A. to discuss your next steps.
Our firm offers the families of wrongful death victims free consultations. To take advantage of this opportunity, call 803-454-1200 or fill out the convenient contact form below.