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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.

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Seek Legal Assistance From A Columbia Wrongful Death Lawyer Today

If someone else’s negligence caused a member of your family to suffer fatal injuries, you might have a civil case against them. South Carolina law may allow you to hold them legally responsible for your family’s expenses and losses. A Columbia wrongful death lawyer can help you take the legal steps necessary to start this process.

The attorneys at Louthian Law Firm, P.A. work for South Carolina families who lost someone in a wrongful death accident. We can assess your legal rights and the next steps you should take to seek compensation for your loved one’s untimely death. Let us file your insurance claim or wrongful death lawsuit. Contact us today for your free consultation with our wrongful death lawyers.

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Understanding Columbia, SC Wrongful Death Claims

Under South Carolina law, a personal representative can recover compensation through a wrongful death action if negligence causes a loved one’s death. Generally, this representative is designated in the will of the deceased person. If no one has been designated, there is a line of priority for family members who can be appointed as the representative.

This line of priority is as follows:

The surviving spouse
Any surviving children
Any surviving parents
Any surviving heirs, if none of the above

Note that, if no one has been designated, any other person can be appointed if all members in the line of priority do the following:

Agree to the appointment of that person as the personal representative
Waive their right to be appointed as the personal representative of the deceased

Whether you settle or go through a trial, only the administrator or executor of the deceased’s estate can act as a personal representative to file a wrongful death action and seek compensation. However, they do so on the behalf of the estate and all of the heirs of the deceased.

The court will choose the executor if the deceased did not name this person in their will. If you’ve lost a loved one in an accident, talk to our legal team. If there is no personal representative yet, we can help you determine who among the immediate family members may file a valid wrongful death claim.

What Accidents Support Wrongful Death Actions?

Any time someone else’s negligence causes fatal injuries, a wrongful death claim or lawsuit may be appropriate. The best way to learn the next steps is to speak with a wrongful death attorney who will review the situation and your legal rights for free. Our team has someone available to talk with you now.

Some ways wrongful death cases occur in Columbia, SC include:

Other accidents, medical errors, and situations could support a wrongful death lawsuit or insurance claim. Our Columbia wrongful death attorneys are here to help you understand your family’s options after the tragic loss of your loved one.

Each type of incident will have unique fact patterns and potential causes. These require careful documentation and plenty of research, but don’t worry – you do not have to try to get justice on your own. A wrongful death lawyer from our team will handle the entire legal process and gather evidence to fight for you.

Recoverable Damages in a Columbia Wrongful Death Case

At Louthian Law Firm, P.A., we understand that your family suffered losses that compensation cannot heal. However, you should not struggle with the financial challenges another party’s negligence caused.

An insurance claim or lawsuit could help you recover compensation for the following damages:

Economic damages, including outstanding medical bills, lost wages, future lost income, related out-of-pocket costs, loss of support such as childcare, burial costs, and funeral costs
Non-economic damages, including loss of companionship, guidance, and support and mental anguish suffered by surviving family members

In some cases, punitive damages may be available in a wrongful death case in South Carolina. These damages penalize the negligent party for intentional or negligent behavior. Our Columbia wrongful death attorneys will assess your case to see if punitive damages may be available for your family.

You may be concerned that if your loved one was partially responsible for their accident, the other at-fault parties will use this to deny recoverable damages. However, we know that your loved one’s partial fault doesn’t excuse the negligence or carelessness of others. This is why our law firm accepts wrongful death cases even in instances of contributory fault.

Let Us Review Your Columbia Wrongful Death Case

At Louthian Law Firm, P.A., our wrongful death attorneys work one-on-one with each client to ensure they get the attention and resources they need and deserve.

When we take on a wrongful death case, our clients can expect:

Understanding, compassionate team members ready to answer their questions
Regular communication and updates about the case
An investigation into what happened and who is legally responsible
Competent handling of all aspects of their claim or lawsuit
Taking the necessary steps to secure a fair settlement or verdict
Representation of their best interests throughout the process

Attorney Herb Louthian founded Louthian Law Firm, P.A. to help South Carolinians get justice back in 1959. He believed – and still does today – that accident victims and their families deserve to recover compensation for their injuries, expenses, and losses.

Victims should not have to pay for the damages they suffered through another party’s negligence. This is why our skilled lawyers bring more than their years of experience and knowledge to the table. They communicate with warmth and sensitivity to all clients, knowing that they need empathy as they navigate a stressful major life event.

Today, our wrongful death attorneys continue to fight for justice for our clients. Our South Carolina attorneys have more than eight decades of combined legal experience in wrongful death cases. We know what it takes to navigate the legal process, file a wrongful death claim, and recover damages for injuries and accidents.

How Can I Pay for a Columbia Wrongful Death Attorney?

At Louthian Law Firm, P.A., we know that a loved one’s death can cause financially devastating consequences to immediate family members. It is never easy to adjust financially to the expenses from the sudden loss of their income. On top of that, surviving family members have to worry about expenses due to their loved one’s fatal accident, such as medical bills and funeral and burial costs.

For this reason, we never ask our clients to pay anything before we close their cases. Our Columbia wrongful death attorneys never require upfront payments. You only pay attorney’s fees from the settlement we recover on your behalf. Our fee structure grants us a portion of this settlement based on a pre-agreed percentage.

We even take the money straight from the check we receive in your case, ensuring you never pay out of pocket for your legal fees. We can explain our pricing and fee structure more during your initial consultation with our team.

Our Team Has Recovered Millions in Wrongful Death Cases

For more than 50 years, our team has fought for compensation for our clients in Columbia, SC. We have a reputation in South Carolina for recovering fair and just settlements and payouts for those we represent.

Our wrongful death case results include:

$3,100,000 settlement
$2,700,000 settlement
$975,000 settlement
$600,000 settlement
$275,000 settlement

We cannot guarantee a win in your South Carolina wrongful death case. Still, our track record of recovering fair compensation for our clients shows we know how to prove, file, and negotiate these cases with insurance companies and liable parties. When we work with you to file a claim or negotiate with the responsible party, we can fight for the settlement or verdict your family deserves.

Building a Columbia Wrongful Death Claim and Pursuing Compensation

When your loved one suffered a catastrophic injury, they may have passed away at the scene or gone by ambulance or MedEvac helicopter to one of the area’s trauma centers. Every family’s story differs. Some may have endured attempts to stabilize them until their body could not hold on any longer. Others may have passed away from complications weeks or even months after their accident.

Despite the unique circumstances of each case, the desire for justice and accountability is similar for every family member we represent. In some cases, a negligent party could face criminal charges for a wrongful act that led to a preventable accident. Sadly, they often walk away without facing the consequences of their actions.

A civil case may be the only way to hold the liable party accountable for your loved one’s death. This is where our Columbia wrongful death lawyers come in. We want to help you recover just monetary compensation. We do not believe your family should have to pay the bills and cover the losses related to your loved one’s accident. Through this process, we also hold the at-fault parties liable for their role in these accidents.

How We Build a Wrongful Death Case for Compensation

Developing support for an insurance claim or wrongful death lawsuit requires our South Carolina team to investigate what happened. Our aim is to gather evidence to show who acted negligently and how this led to a person’s untimely death. This evidence enables us to convince the insurer or jury of liability. We must show liability to recover damages in any personal injury or wrongful death case.

We must establish four elements to prove negligence:

The accused party had an obligation to act a certain way.
They failed to do so.
The negligent party’s failure caused the accident in question.
The victim suffered injuries as a result.

For example, imagine a drunk driver ran a red light and T-boned your loved one in a Columbia intersection. The law obliged the driver to drive sober and stop at the red light. They drove under the influence and failed to stop, directly causing the collision. As a result of the collision, your loved one suffered fatal injuries and passed away at the hospital.

Our wrongful death lawyers need evidence to document what happened and hold this driver accountable. This evidence will be used to pursue an insurance claim or civil suit.

The evidence, in this case, might include:

The accident report from the responding law enforcement officers
Physical evidence from the crash scene
Videos or photos of the accident
Witness statements
An accident scene survey
Expert analysis
Accident reconstruction
Relevant medical records and autopsy information
Documentation of damages

At Louthian Law Firm, P.A., we know what it takes to hold a person or entity responsible for a wrongful death in South Carolina. We build these cases regularly and help surviving parents and spouses recover just compensation.

Not sure what else you’ll need to file a lawsuit and seek compensation in Columbia, SC? Contact us if you have other questions about proving a South Carolina wrongful death claim.

Taking Action Against the Liable Party

Many wrongful death claims settle without going to trial in South Carolina. You can expect the following when we file a wrongful death claim: we file a claim, present evidence to the insurer, and demand a fair payout.

The insurer may offer you less money than you deserve, putting you out of pocket for things like funeral expenses and medical expenses. In this case, we negotiate until we reach an appropriate agreement. When necessary, we may need to file a wrongful death lawsuit against the liable party or parties in your loved one’s wrongful death case.

Filing a lawsuit does not mean a wrongful death claim will go to a jury trial; many still end with a negotiated settlement. However, going to court is possible.

Some reasons why a wrongful death lawsuit might be necessary in your case include:

The insurer will not accept responsibility for their policyholder.
The insurer will not offer a fair settlement.
There are significant questions of fact in the case.
There’s a possibility of recovering punitive damages.
There may be other reasons why our Columbia wrongful death lawyers believe we need to sue.

Whether we file an insurance claim or lawsuit, our South Carolina team will stand by you and your family throughout this process. We have the knowledge, resources, and experience to recover the compensation you need and deserve based on your loved one’s passing.

We believe in protecting our clients’ rights and fighting for their best interests throughout this process, from start to finish. With Louthian Law Firm, you can rest assured that we’ll explain all your legal options as clearly as possible so you can make the best choice for you and any other surviving heirs.

Get Started on Your Wrongful Death Claim as Soon as Possible

South Carolina’s statute of limitations creates a time limit for filing a personal injury or wrongful death lawsuit. Under South Carolina law, victims and their families generally have up to three years to sue. In a wrongful death suit, this countdown typically begins on the date of the victim’s death.

Missing this deadline could mean you lose the right to sue in Columbia, SC as the court will bar the lawsuit. The insurer knows if you miss this deadline, they are not legally obligated to pay you anything.

Acting too late can hurt the strength of your South Carolina wrongful death case, too. We understand that when you’re struggling with the mental anguish of losing a loved one, filing a case is often the last thing on your mind. However, we encourage you to connect with us in the first days and weeks after your loved one’s passing instead of months later to avoid jeopardizing your case.

Even though the statute of limitations gives you up to three years to take legal action, the evidence you need does not last forever. Some evidence can disappear within a few days or weeks, such as:

Videos of the fatal accident or incident
Witness accounts
Physical evidence
Evidence in the possession of the accused

A wrongful death attorney will quickly gather as much evidence as they can. This can help them file a strong wrongful death claim and prove the maximum compensation to which you and other rightful heirs are entitled.

Contact a Columbia Wrongful Death Lawyer in Columbia, SC

You can speak with a wrongful death attorney from the Louthian Law Firm, P.A. team for free today. We provide a free consultation and case assessment for families who lost loved ones in collisions, falls, and other injury accidents. We will evaluate the facts of what happened and explain how we may be able to help you seek justice for your family in Columbia, SC.

Contact us via our online form or call us at (803) 454-1200 for your free legal consultation today. Remember that you pay us nothing up front for our help. You only pay us if we recover monetary compensation for you.

Louthian Law Firm, P.A., – Columbia Office

1116 Blanding St., #3A
Columbia, SC 29201
(803) 454-1200