Losing a beloved family member is one of the hardest things to deal with in life. The pain, grief, and emotional turmoil can be overwhelming, and it can be even more challenging when their death was the result of someone else’s negligence or wrongful actions. During these difficult times, seeking justice for your loved one becomes paramount, and having a Charleston wrongful death attorney by your side can make all the difference.
Charleston Wrongful Death Resources
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Working With the Right Attorney is Crucial
Common Causes of Wrongful Death
Types of Compensation Available
Who Has the Right to File a Wrongful Death Claim?
How Much Time is There to File a Claim?
Proving Liability in a Wrongful Death Claim
Cost of Hiring a Wrongful Death Lawyer
When to Hire an Attorney
Choosing the Right Attorney
Call to Find Out How Much Your Case is Worth
Working With the Right Charleston Wrongful Death Lawyer Is Critical to Your Case
When it comes to pursuing a wrongful death claim in Charleston, South Carolina, working with an attorney can have a profound impact on the outcome of your case. At Monge & Associates, our Charleston, SC wrongful death lawyer understands the gravity of your situation and is here to provide you with the compassionate and dedicated legal representation you deserve.
Common Causes of Wrongful Death in South Carolina
A wrongful death can occur as a result of a variety of circumstances, and it is important to identify the cause to determine the appropriate legal course of action. Here are some common causes of wrongful death in Charleston:
Medical malpractice cases require a deep understanding of complex legal and medical issues. The wrongful death attorneys from Monge & Associates have a proven track record of success in handling medical malpractice claims. We will work tirelessly to investigate the circumstances surrounding your loved one’s death and hold the negligent healthcare providers accountable for their actions.
Car and Truck Accidents
Fatal car and truck accidents can shatter lives in an instant. If your loved one’s death was the result of a negligent driver, you may be entitled to compensation for your loss with the help of a Charleston car accident attorney. Our Charleston, SC wrongful death attorney has a deep understanding of the laws applicable to car and truck accident lawsuits in Charleston.
Industrial or Construction Site Accidents
Workplaces can be dangerous, especially in industries such as construction and manufacturing. If your loved one lost their life due to an industrial or construction site accident, our attorneys can provide you with the legal support and guidance you need. We will meticulously investigate the circumstances surrounding the incident and hold any responsible parties accountable for their negligence.
Slip and Falls
A slip and fall accident can have fatal consequences, especially for elderly individuals. If your loved one suffered a accident due to negligent property maintenance or unsafe conditions, our Charleston slip and fall attorneys can help. We will work diligently to prove liability and seek justice on behalf of your loved one.
When a defective product leads to the loss of a loved one, it is crucial to hold the responsible manufacturers accountable. Our attorneys have extensive experience in product liability cases and will vigorously pursue your wrongful death claim. We will uncover the design flaw or manufacturing defect that caused the death of your loved one, and fight tirelessly for the justice you and your family deserve.
Exposure to Toxicity
Exposure to toxic substances can have devastating consequences, leading to fatal illnesses and wrongful deaths. If your loved one’s passing was a result of toxic exposure, our lawyers will investigate the environmental factors and seek fair compensation from the responsible parties. We are committed to fighting for justice and protecting the rights of victims and their families.
Nursing Home Abuse or Neglect
When you place your loved one in a nursing home, you trust that they will receive proper care and attention. Unfortunately, cases of nursing home abuse and neglect are all too common. If your loved one suffered a wrongful death due to negligence or abuse at a nursing home, our attorneys will fight vigorously on their behalf. We will hold the facility accountable for their actions and seek justice for your loved one.
What Types of Compensation Is Available in a Wrongful Death Claim?
In the event of a wrongful death, the legal system offers a means for the deceased’s family to seek compensation for various losses. In South Carolina, a range of damages can be claimed via a wrongful death lawsuit, depending on the specific circumstances surrounding the case. These may include:
- Funeral and Burial Expenses: This involves the immediate costs related to laying the deceased to rest.
- Medical Bills: This covers expenses related to the deceased person’s last illness or injury that led to his or her wrongful death.
- Lost Financial Support and Benefits: If the deceased was a primary breadwinner or provided significant financial contributions, the survivors could claim compensation for this loss.
- Loss of Experience, Knowledge, and Judgment: This refers to the intangible contributions that the deceased provided to his or her family, such as wisdom and decision-making.
- Loss of Care, Companionship, and Protection: The emotional and moral support that the deceased provided to the family may also be factored into a wrongful death settlement.
- Pain and Suffering: Surviving family members can claim compensation for the emotional distress and trauma that they experienced due to their loss.
Who Has the Right to File a Wrongful Death Claim in South Carolina?
In South Carolina, only certain individuals may file a wrongful death claim on behalf of a deceased person. This responsibility is entrusted to the executor or administrator of the deceased’s estate. The executor is typically identified in the deceased’s will. However, if there’s no will or if the named executor is unavailable, the court can appoint someone to this role.
Although the executor is responsible for initiating the wrongful death claim, the damages are awarded to the deceased’s family. The following family members could recover compensation from the settlement, in this order:
- The deceased’s surviving spouse and children
- The deceased’s surviving parents
- The deceased’s heirs
How Long Do You Have to File a Wrongful Death Lawsuit?
Time is of the essence in wrongful death lawsuits. According to South Carolina’s statute of limitations, the executor of the deceased person’s executor has three years from the date of the death to file the claim in civil court. Failure to meet this deadline could result in the court dismissing the case and preventing the family from recovering compensation.
At Monge & Associates, we are well-versed in the rules surrounding wrongful death cases and the statute of limitations. During your consultation, we can determine your appropriate filing deadline and help you initiate your claim while adhering to the state’s requirements.
How Do You Prove Liability in a Wrongful Death Claim?
To recover compensation in a wrongful death lawsuit, you will need to prove that the defendant is liable for your loved one’s passing. The foundation of a wrongful death claim rests upon the concept of the duty of care. This represents a person’s responsibility to act in a specific way; a breach of this duty, leading to death, can establish negligence in your lawsuit.
You will need to gather enough evidence to prove the following elements:
- Duty of Care: The defendant owed an obligation toward the deceased. For example, a driver’s duty is to operate his or her vehicle safely and follow traffic laws.
- Breach of Duty: The defendant breached his or her duty through a negligent act or failure to act.
- Causation: The breach of duty caused the deceased’s death.
What is The Cost of Hiring a Charleston Wrongful Death Lawyer?
At Monge & Associates, we understand that financial concerns may be a burden during this challenging time. That is why we offer our services on a contingency fee basis. This means that you only pay us if we successfully recover compensation for your wrongful death claim. We believe that everyone should have access to quality legal representation, regardless of their financial circumstances.
When Should You Hire an Attorney?
It is crucial to seek legal counsel as soon as possible after the loss of a loved one. Wrongful death cases have specific statutes of limitations, which vary depending on the circumstances of the case. By contacting our Charleston, SC wrongful death attorneys promptly, you ensure that your case is handled with the utmost care and attention.
Choosing A Charleston Wrongful Death Lawyer
Choosing a Charleston wrongful death attorney is a decision that should not be taken lightly. At Monge & Associates, our Charleston personal injury lawyer has a proven track record of successfully representing clients in wrongful death cases. Our compassionate and results-driven approach sets us apart, and we are committed to helping you obtain the justice and compensation you deserve.
Contact A Charleston Wrongful Death Attorney Today
Losing a beloved family member is a tragedy that no amount of money can ever fully compensate for. However, obtaining fair compensation can help ease the financial burden of your loved one’s death and provide a sense of closure. Reach out to Monge & Associates for a confidential consultation, and let us fight for the justice your loved one deserves. Contact us now at 888-477-0597 to find out how much winning your case is worth.