We understand that nothing will bring back your loved one and that it can be difficult to discuss a wrongful death claim. However, you should not have to take on the financial burden that accompanies the sudden death of a loved one.
How Our Legal Team Can Help You After the Death of a Loved One
At the Law Office of Kenneth Berger, every member of our team is dedicated to helping grieving families in Spartanburg, SC. While no price can be placed on a loved one’s life, a wrongful death settlement is an opportunity to hold the wrongdoers accountable and may provide you with a sense of closure. Our South Carolina wrongful death lawyer can help you and your family seek justice in the form of compensation to cover funeral costs, medical expenses, and loss of companionship.
During this difficult time, the legal process may feel overwhelming and intimidating. Our priority is ensuring that you and your family can focus on recovering and rebuilding while we handle the legal matters.
We are committed to providing compassionate advice and listening to our clients’ concerns every step of the way. Our goal is to provide solace for your immeasurable loss and to work diligently to help you receive the compensation you rightfully deserve.
What is considered a wrongful death in South Carolina?
South Carolina state law defines wrongful death as a fatality caused by “the wrongful act, neglect or default of another.” A wrongful death suit may arise when a death occurs due to the reckless, negligent, or intentional act of another person or company.
The wrongful act, neglect, or default must be the kind of action for which the deceased could have filed a personal injury lawsuit had he or she lived. In other words, a wrongful death suit can be thought of as a personal injury case that someone must file on behalf of the deceased individual since they cannot do so themselves.
Wrongful death claims must be brought forth by the representative of the deceased individual’s estate.
What Causes a Wrongful Death?
South Carolina has safety laws and regulations to protect its citizens from potential harm in relation to product manufacturing, driving, and other dangers. Oftentimes, preventable tragedies occur when these safety laws are disregarded. A wrongful death suit may arise from different types of incidents, including:
- Car accidents
- Truck accidents
- Drunk driving wrecks
- Reckless driver wrecks
- Defective products
- Medical malpractice
- Workplace injuries
- Pedestrian and bicycle accidents
- Carbon monoxide deaths
- Any situation in which a party’s negligence resulted in death
Wrongful Death Statute of Limitations in Spartanburg SC
The statute of limitations refers to the amount of time you have to file a lawsuit. Under South Carolina law, your claim must be filed within the following time limits to be heard by a court.
For wrongful death actions against non-governmental defendants (any person or party that is not part of the government such as an individual person, a restaurant, or a corporation), you typically have 3 years from the date of the incident to file a claim. For instance, a suit seeking to hold a company accountable for its defective airbags that resulted in the death of a loved one would have a 3-year time limit.
For wrongful death actions against governmental defendants, you typically have 2 years from the date of the incident to file a claim. An example of such a case might be a medical malpractice suit that seeks to hold a county hospital or one of its doctors responsible.
It can take a significant period of time to properly investigate wrongful death claims prior to initiating a lawsuit. This means it is important to contact a wrongful death attorney in a timely manner if you have questions about a potential case to avoid any statute of limitations issues.
Compensation & Damages in a Wrongful Death Claim
Although no amount of money can replace a loved one, sudden death can leave a grieving family with both emotional and financial devastation. Financial compensation - the civil system’s only measure of justice - can help alleviate some of the burdens that come with such an unexpected loss.
Compensatory damages refer to the monetary compensation you and your family are eligible to receive when a wrongful death occurs. Compensation can be sought for the following damages:
- Funeral expenses and burial costs
- Medical expenses
- Loss of consortium
- Emotional distress
- Loss of companionship
- Lost earnings; and
- Punitive damages (payment made to punish the responsible party for their reckless conduct).
Your case needs to be handled properly for you to receive the full and fair settlement you are entitled to. Our Spartanburg attorneys are diligent professionals who will not only work hard on your behalf but will also treat you with the compassion and respect we would want if it was one of our loved ones who passed.
What is the Difference Between a Wrongful Death Case and a Criminal Case?
The primary difference between a wrongful death case and a criminal case is how a convicted defendant will be penalized.
In a criminal case, the defendant will be penalized with jail or prison time, probation, or other sanctions. A wrongful death case is a civil case in which the defendant’s liability is expressed solely in terms of financial compensation, as all personal injury cases are.
We recognize that no amount of money will bring back your loved one or make up for the immeasurable loss you are experiencing. However, financial compensation is the only form of justice the civil system provides. Along with easing the financial burden associated with end-of-life costs, a wrongful death settlement may be able to provide you and your family with a sense of closure by holding the responsible parties accountable.
Schedule a Free Consultation with our Spartanburg Wrongful Death Attorneys
If you have questions about a wrongful death claim in Spartanburg, we want to make sure they are answered. Our legal team strives to not only ensure you receive fair financial compensation, but to serve as a source of support, guidance and solace during this difficult time. We are deeply committed to the recovery and healing process of our clients. Let us handle the stressful legal process, payment of medical expenses and the back and forth of dealing with the insurance company. We work efficiently to achieve a settlement and provide our grieving families with a sense of closure. To find out how I can help, call me today at 864-501-5619, or fill out a contact form and someone will reach out to you shortly to schedule a consultation. You may also start a live chat to speak with a member of our team 24/7.