Charleston Wrongful Death Attorneys

If your loved one passed away because of another party’s negligence, South Carolina’s wrongful death laws allow you to hold that party legally responsible. A Charleston wrongful death lawyer from Louthian Law Firm, P.A. may help you pursue justice and compensation.

Our attorneys can listen to your concerns, assess your case, and offer advice and guidance about your next steps. In addition, we can handle the claims process for you, so that you don’t have to face these challenges alone during this difficult time. We offer free case reviews so you can discuss your case and legal options with us for free today.

Let Louthian Law Firm, P.A. Fight for Compensation in Your Charleston Case

Louthian Law Firm, P.A. is a family-run law practice serving South Carolina since 1959. Founded by attorney Herb Louthian, our firm fights for justice for families who lost loved ones because of someone else’s negligence. Herb Louthian and his son, attorney Bert Louthian, have more than 80 years of combined legal experience—experience you can have on your side when you need legal help in Charleston.

We know how to navigate the insurance claims process and the legal system while treating our clients with compassion, respect, and dignity. We understand how difficult this time is for you and your family. We can listen to your concerns, provide the sound legal advice and guidance you need, and work to recover compensation for you.

Some recent testimonials from our previous clients emphasized the customer service and support they received from our team.

They said:

• We provided them with the guidance and counsel they needed to win a case.
• We always accepted their calls with understanding and answered their questions quickly.
• We went above and beyond to ensure their family received the best settlement possible.
• We worked beyond their expectations to ensure we took care of their family.

When you work with us, you can expect one-on-one attention from your lawyer and a team who knows your name and the facts of your case. Our team also ensures that you get the prompt responses and communication you need. We answer your questions and keep you updated throughout the process.

What You Can Expect From Our Wrongful Death Lawyers

Taking on legal challenges is the last thing your family needs to face after losing a loved one suddenly. We can take on the legal burdens for you.

If we work together, expect our attorneys to:

• Protect your rights by managing all aspects of your legal case
• Handle all communication with other involved parties
• Investigate what happened and develop strong support for your claim
• Determine the approximate value of your case
• Demand a fair settlement from the insurer
• Negotiate a settlement agreement, if possible
• Prepare paperwork and handle litigation on your behalf if needed
• Answer your questions and provide updates throughout the process

Our Case Results Show Our Dedication to Fighting for a Fair Recovery

At Louthian Law Firm, P.A., we are proud of our case results. They show our track record of fighting for the compensation our clients deserve and securing favorable outcomes.

This includes both settlements and verdicts. Some recent results include:

• $3,100,000 settlement for the family of a victim who passed away from their injuries
• $2,700,000 agreement in a wrongful death insurance payout
• $975,000 settlement agreement in a wrongful death claim
• $600,000 negotiated settlement of a South Carolina wrongful death case
• $275,000 insurance payout in a negotiated wrongful death claim

Every case is different, and we cannot guarantee a particular outcome. However, we can work hard to seek results for you and your family.

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Recovering Compensation for the Damages Suffered by Family Members

South Carolina law clarifies who may receive the proceeds of a wrongful death claim or lawsuit.

This includes:

• The surviving spouse and children
• The surviving parent or parents, if no spouse or children exist
• The decedent’s heirs, if no spouse, children, or parents exist

At Louthian Law Firm, P.A., our attorneys can determine the recoverable damages and who can receive them. We want to make this process as easy as possible for you. We can handle all aspects of your claim while you focus on more important things.

The recoverable damages in a Charleston wrongful death case could include:

• Expenses and losses related to the accident and injuries
• End-of-life costs, including funeral and burial expenses
• Loss of income
• Loss of companionship and care
• Losses suffered by surviving family members, including intangible damages

South Carolina allows juries to award punitive (or exemplary) damages in wrongful death lawsuits when the at-fault party’s actions were especially reckless or malicious.

Only the Personal Representative Represents the Family

South Carolina law allows only the personal representative to file a lawsuit. This is generally the executor of their will or the party handling their estate, who may be a close family member who will also benefit from any compensation recovered.

An insurance claim commonly resolves these cases, although we can sue liable parties to recover compensation for our clients when necessary.

Like injury claims, most wrongful deaths occur because of negligence. We need to show the accused party acted negligently.

Evidence in the case should show that the four elements of negligence exist:

• The accused party had a duty to behave a certain way to protect the victim.
• That party failed to uphold their duty, putting the victim in danger.
• That party’s failure caused the accident or incident.
• The victims suffered harm and passed away as a result.

For example, imagine a driver caused a car accident at Main Road and Savannah Highway. They failed to stop at a red light, colliding with another driver’s door and causing a fatal accident.

To show negligence occurred, we would need to present evidence that:

• The at-fault driver had a red light and was, therefore, obligated to stop.
• They failed to do so, running the red light.
• Their failure to obey the traffic signal caused the accident.
• The other driver suffered fatal injuries in the crash

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.

Wrongful Death Cases and South Carolina Law

South Carolina law governs wrongful death cases, including recoverable damages and unique processes and procedures. At Louthian Law Firm, P.A., our attorneys navigate wrongful death claims regularly. Our deep experience in the community means we can readily navigate the relevant laws that affect your case.

We understand South Carolina’s wrongful death statutes, related laws, court cases, and how they affect your ability to get justice and compensation after losing your loved one.

Timeline for Filing a Wrongful Death Lawsuit in Charleston County

In some cases, Louthian Law Firm, P.A. attorneys need to sue the at-fault party to seek damages for our clients. When this occurs, the South Carolina statute of limitations applies. This sets a deadline for beginning a lawsuit at three years after the victim’s death, per South Carolina law.

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Frequently Asked Questions (FAQs) About Charleston Wrongful Death Cases

If your loved one passed away because of another party’s bad behavior, you might have many pressing questions about your rights, options, and what to do. If those answers are not in the FAQs below, our team can answer them for you during a free consultation.

Does My Family Have a Valid Wrongful Death Case?

A wrongful death occurs when someone suffers an injury because of another party’s negligence or intentional bad behavior, and that victim passes away from their injuries. If your family member passed away under these circumstances, the case likely supports a wrongful death action.

The easiest way to learn more about your case is to connect with our team and let our team evaluate your legal options for free. We have someone available to speak with you now.

What Types of Wrongful Death Accidents Are Eligible for Legal Action?

We help family members who lost a loved one to a wrongful death in many accident circumstances.

Some of the most common wrongful death cases we handle involve:

• Car accidents
• Truck accidents
• Bicycle accidents
• Pedestrian accidents
• Slip and falls
• Other premises liability accidents
• Nursing home abuse
• Other personal injury incidents

Our team handles catastrophic injury accidents regularly. These cases, including brain injuries and spinal cord injuries, have unique challenges, and families often suffer significant medical expenses. If you lost a loved one after a battle with a catastrophic injury, our team has the knowledge and experience to navigate the claims process on your behalf.

Who Files a Wrongful Death Case on Behalf of Our Family?

South Carolina law only allows the decedent’s personal representative to sue in a wrongful death case. A person may become the personal representative if the will names them the executor or administrator of the estate or if the probate court assigns them.

The personal representative is often a spouse, parent, or another close relative. However, other parties could also take on that role. Our attorneys also help victims’ families identify the appropriate party during their initial consultation.

How Do I Know How Much a Case Is Worth?

An insurance company sometimes makes a settlement offer very quickly after the death of a victim, and many families accept it. However, we do not advise that you do so. You may settle for far less than your case’s value without knowing how courts or insurance companies determine damages.

When our Charleston wrongful death attorneys represent a family in a case, we determine the estimated settlement range based on their expenses, losses, and intangible damages. Then, we use this total to seek a fair and appropriate settlement or jury award.

How Quickly Do We Need to Act to Recover Compensation?

We advise families of accident victims to reach out to us as soon as possible after their loved one’s death. We understand that worrying about a legal case and discussing what happened to your family member are the last things you want to do during this time. However, getting an early start on the case helps us gather the strongest evidence to support your claim.

In addition, keep in mind that a deadline exists for suing in these cases. Therefore, you likely only have a limited time to file your complaint and begin the process in civil court if that proves necessary based on your case’s circumstances.

Do We Have to Sue to Get Justice and Compensation?

Most personal injury and wrongful death cases settle outside of court. Many never require a lawsuit. Our attorneys file an insurance claim, demand a fair and just payout, discuss evidence with the insurer, and negotiate until we reach an appropriate agreement.

Sometimes, we must file a lawsuit to show the insurer we are serious and refuse to settle for a lowball settlement offer. Filing a suit often increases the offer, and many lawsuits settle before trial.

Occasionally, we need to take a wrongful death case to a jury trial. When this occurs, we present evidence and ask the jury to grant a verdict and compensation to our client.

How Much Does It Cost to Hire a Lawyer?

We represent families based on contingency, never asking them to pay anything upfront for our services. We only charge fees if we win.

We also provide free case assessments. You do not have to wonder if your family has a legal right to hold the at-fault party responsible or recover compensation in another manner. We can evaluate your options and outline what we advise you to do in clear, actionable steps.

A Charleston Wrongful Death Attorney Can Stand Beside You

The Charleston wrongful death lawyers at Louthian Law Firm, P.A. provide free consultations for families. We assess these cases at no cost so you can better understand your rights and legal options after the death of your loved one.

Contact us now at (843) 544-7272 to learn more about South Carolina wrongful death laws, how they apply to your case, and what we can do to help you during this difficult time for you and your family.

If you work with our team, we can work diligently for justice and the damages you deserve.

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Louthain Law

215 East Bay St., Suite 403-G
Charleston SC, 29401
(843) 544-7272

Testimonials

Mr. Louthian and the Louthian Law Firm provided me with excellent legal services regarding a legal issue with a major corporation. They involved me in all aspects of resolving my legal issue and provided me with the guidance and counsel that I needed to win my case. The Louthian Law Firm treated me with dignity and respect and I can honestly say that it was a pleasure working with them. Mr. Louthian and the Louthian Law Firm is my first recommendation to others who require legal assistance.

Errick Bethel Sr.