- May 17, 2023
- Wrongful Death
Losing a loved one is never easy, but it can be especially difficult when the death was caused by someone else’s negligence or wrongful act. In these situations, it’s important to seek legal advice from a qualified wrongful death attorney.
If you’re in Greenwood, South Carolina, you should consider hiring a Greenwood wrongful death lawyer from Ayers, Smithdeal, and Bettis to protect your family’s rights and interests.
Understanding Wrongful Death Claims
A wrongful death claim is a civil lawsuit that is filed by the surviving family members of a person who died due to another party’s wrongful act or negligence. These cases can arise from a variety of situations, including:
- Car accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Criminal acts.
It’s important to note that not all deaths that occur in these situations will result in a successful wrongful death claim. In order to have a strong case, the plaintiff must be able to prove that the defendant’s actions directly caused the death of their loved one.
Factors That Can Impact a Wrongful Death Claim
There are several factors that can impact the outcome of a wrongful death claim. Some of the most important include:
- The strength of the evidence
- The credibility of witnesses
- The skill of the lawyers involved
- The willingness of the parties to negotiate a settlement
- The judge or jury hearing the case.
These factors can make it difficult to predict the outcome of a wrongful death case. That’s why it’s so important to have a skilled and experienced Greenwood wrongful death lawyer on your side.
What Is South Carolina’s Wrongful Death Statute?
South Carolina has its own set of laws that govern wrongful death claims. Under the state’s wrongful death statute, a wrongful death claim can be filed by the surviving spouse, children, or parents of the deceased person.
If none of these parties are living, the claim can be filed by the executor or administrator of the deceased person’s estate.
Compensation in Wrongful Death Cases
According to the South Carolina wrongful death statute, there are several types of damages that can be awarded in a wrongful death case. These include:
- Medical expenses related to the deceased person’s final illness or injury
- Funeral and burial expenses
- Lost income and future earning potential
- Loss of companionship, guidance, and support
- Pain and suffering.
The specific damages that you may be able to recover will depend on the circumstances of your case. A Greenwood wrongful death lawyer will be able to advise you on the type of damages you are most likely to secure with your claim.
The Importance of Seeking Legal Advice Early On
If you suspect that your loved one’s death was caused by someone else’s negligence or wrongful act, it’s important to seek legal advice as soon as possible. The longer you wait, the harder it may be to gather evidence and build a strong case.
Additionally, South Carolina has a statute of limitations on wrongful death claims, which means that you only have a certain amount of time – in this case, three years from the date of death, to file a lawsuit.
In medical malpractice cases, however, the statute of limitations says the lawsuit needs to be filed within three years from the date of injury or from the date when the injury was discovered. While this offers plaintiffs more time to file a claim, under no circumstances can a wrongful death case caused by medical malpractice be filed more than 6 years after the date of injury.
A Greenwood wrongful death lawyer can help you understand your options and rights and guide you through the legal process.
Why Hiring a Wrongful Death Lawyer Is Important
There are many reasons why hiring a wrongful death lawyer is important. First and foremost, a lawyer can help you navigate the complex legal process and ensure that your rights are protected.
They can also investigate the circumstances surrounding your loved one’s death and gather evidence to support your case. Additionally, a Greenwood wrongful death lawyer can help you negotiate a fair settlement with the insurance company or other parties involved, or, if necessary, take your case to trial and represent you in court.
By working with a Greenwood wrongful death lawyer, you can ensure that your family’s interests are protected and that you receive the compensation that you deserve.
Benefits of Hiring a Greenwood Wrongful Death Lawyer
If you’re in Greenwood, South Carolina, there are several benefits to hiring a local wrongful death lawyer. A Greenwood lawyer will be familiar with the local court system and judges. They will also have experience working with local insurance companies and other parties involved in the case.
Additionally, a Greenwood wrongful death lawyer will be able to provide you with personalized attention and support throughout the legal process.
When hiring a wrongful death attorney in Greenwood, SC, there are several qualities that you should look for. These include:
- Experience handling wrongful death cases
- Knowledge of South Carolina’s wrongful death statute
- A track record of successful verdicts and settlements
- Compassion and empathy for your situation
- Strong communication skills
- Availability and responsiveness.
By choosing a lawyer with these qualities, you can ensure that you receive the best possible representation. Our attorneys will protect your family’s rights and interests and do everything possible to ensure that you receive the compensation that you deserve.
Call Ayers, Smithdeal, and Bettis PC today at (855) 213-4405 to schedule a free case evaluation.
