Mr. Louthian and the Louthian Law Firm provided me with excellent legal services regarding a legal issue with a major corporation.Errick Bethel Sr.
They were very down to earth and friendly, but they meant business. I would definitely recommend them. Thank you, attorney Bert Louthian!Keiron Gibson, Keianna Dukes & Ann Dukes
Outstanding customer care. Very professional and handled my case in a timely manner.Johnny Jackson
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.
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.
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.
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:
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:
Every case is different, and we cannot guarantee a particular outcome. However, we can work hard to seek results for you and your family.
South Carolina law clarifies who may receive the proceeds of a wrongful death claim or lawsuit.
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:
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.
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:
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:
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
215 East Bay St., Suite 403-G
Charleston SC, 29401
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.