Losing a loved one due to the intentional, reckless, or negligent act of another party or individual is always difficult. Fortunately, our experienced wrongful death lawyers at McDougall Law Firm can help you during this difficult time by assisting with the legal aspect of your wrongful death accident.
We understand that while nothing can bring your loved one back, we can fight to recover compensation on your behalf, which can help you heal and move forward with your life. Call us today at 843-438-4386 to schedule a free consultation and case evaluation.
What Is Wrongful Death?
Wrongful death occurs when an individual dies due to the intentional, reckless, or negligent act of another party or individual. Just as is the case with personal injury cases in general, numerous types of events can form the basis for wrongful death claims in South Carolina including:
- Negligence-based incidents (Car Accidents, etc.)
- Medical Malpractice
- Intentional Acts (including Crimes)
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer plays an important role in helping surviving family members seek justice and navigate the legal process following the death of a loved one. It is the lawyer’s primary objective to advocate for the rights of surviving family members and ensure that the responsible parties are held accountable for their actions.
A wrongful death lawyer is well-versed in the intricacies of the South Carolina wrongful death laws and has the knowledge and expertise to handle all aspects of the case. They offer compassionate support to the surviving family members and guide them through the legal process making sure that their rights are always protected.
Here are some specific duties of a wrongful death lawyer:
A wrongful death lawyer will first conduct a thorough investigation of the case. They will review the circumstances surrounding the death, gather any relevant evidence, and interview witnesses. It is an important step for helping them determine whether there’s actually a viable claim and identifying the responsible parties.
Once the lawyer determines that there’s a viable claim, they will then gather evidence to support it including accident reports, medical records, expert testimonies, and any other information required to establish wrongdoing or negligence. The evidence gathered will be critical to proving liability and recovering fair compensation for surviving family members.
The wrongful death lawyer then calculates the damages owed to surviving family members after establishing liability. Damages may include funeral costs, medical expenses, emotional pain and suffering, loss of consortium, loss of income, etc. The lawyer ensures that all damages are accounted for accurately and that the family receives fair compensation.
Wrongful death claims are typically settled out of court. The wrongful death lawyer negotiates with the responsible party’s insurance provider or legal representatives to reach a settlement that’s both fair and just. They use their legal knowledge and the evidence unearthed in their investigation to advocate for the best interests of the surviving family members.
Representing Clients in Court
If the settlement negotiations fail and an agreement cannot be reached out of court, it will be up to the wrongful death lawyer to represent the surviving family members in court. They will present the evidence gathered during their investigation, argue the case in court, and work diligently to obtain a favorable verdict for the surviving family members.
Proving a Wrongful Death in South Carolina
Negligence is usually the basis for most wrongful death claims in South Carolina. A wrongful death lawyer must show that the decedent’s death was caused by the negligent party’s action or failure to act in a responsible manner.
You will need to prove the following in a wrongful death case:
- The individual in question actually died
- The individual’s death was caused by another company, entity, or person
- The surviving family members are suffering financially due to the death
- A representative of the survivors has been appointed in accordance with the law.
The period within which you are required to file a wrongful death claim in South Carolina is 3 years starting the death of the person’s death. In light of this deadline, it’s important for the executor of the estate to contact an experienced wrongful death lawyer such as those at McDougall Law Firm, so that we can have as much time as is required to build the strongest case possible.
How We Help
At McDougall Law Firm, we strive to always treat each of our clients as an individual and not as another case. We firmly believe that you have the right to be adequately compensated for the loss of a loved one due to the negligence of another person or party.
Here are some of the ways we can help you obtain fair compensation:
We Make It Easy to Get Help
It can be incredibly difficult to cope with the loss of a loved one. However, getting the legal help you need doesn’t necessarily have to be. All it takes to get help from our lawyers is one call at 843-438-4386 where we can set up a free consultation.
We Help You Seek the Justice You Deserve
If you lose a loved one due to the negligent actions of another party or individual, you deserve justice and compensation for your loss. You can count on us to handle the legal process on your behalf, so that you can mourn your loved one in peace.
We Don’t Charge Any Upfront Fees
When you choose to work with the experienced wrongful death lawyers at McDougall Law Firm, you never have to worry about having to pay any fees unless we first obtain a successful outcome for your case.
Have You Lost Your Loved One Due to the Negligence of Others?
The unexpected death of a loved one cannot be undone by any amount of money. Family and friends are usually left devastated and the last thing they want to do is think about filing a lawsuit immediately following their loved one’s death.
Unfortunately, the legal system is set up such that the ideal time to contact a lawyer is immediately following the death. Our wrongful death lawyers at McDougall Law Firm understand the pain that a family is going through and try to make the process as simple as possible.
If your loved one has died due to the negligence of another person or party, you should speak to our wrongful death lawyers as soon as possible. Call us today at 843-438-4386 to schedule your free consultation and case evaluation.