Wrongful Death Lawyers in South Carolina

If Your Loved One Died in an Accident Caused by Someone Else's Negligence, Our Experienced Attorneys Can Help You Fight for Compensation

Losing a loved one is never easy, but when someone you love is killed as a result of another person's negligent actions or inaction, it can make the loss feel even more painful. At the Law Office of Shane Smith, we understand that this is an exceptionally difficult time for your family. While we can't turn back the clock to prevent your loved one's death, we can help you pursue a wrongful death claim to ensure that you and your family are taken care of the way they would have wanted.

Here's what you need to know if you and your family are considering taking legal action against the party responsible for the negligence-related death of your loved one.

What Is a Wrongful Death?

Losing a loved one almost always feels “wrong” — and this can be especially true when the death in question was caused by another person's negligence.

However, in order to obtain a financial recovery in a South Carolina wrongful death case, victims and their attorneys must prove the following:

• The defendant owed the victim a duty of care.
• The defendant breached that duty of care, which resulted in the death of the victim.
• The death in question would not have occurred were it not for the defendant's negligence.

Common examples of personal injury accidents that can lead to wrongful death claims include:

• Auto accidents
• Truck crashes
• DUI accidents
• Pedestrian accidents
• Premises liability incidents
• Brain injury cases

Wrongful Death Claim & Recovery Eligibility

Not everyone who loved the victim is eligible to file a wrongful death claim or collect a financial recovery. In South Carolina, the ability to file a wrongful death lawsuit is limited to the executor or administrator of the victim's estate. Of course, not everyone dies with a will prepared and, in the absence of a named executor or administrator, the court may choose to appoint one. Usually, the person selected is a close family member of the victim, such as a surviving spouse, adult child, parent, or named heir. With the addition of a minor child, the aforementioned family members are those who are potentially eligible to receive compensation from a wrongful death case.

Contact Shane Smith Law today to schedule an appointment for a free initial case consultation.