Wrongful Death Lawyers in Summerville, SC

The sudden loss of a loved one in an accident leaves a void that words cannot fill. As you work through your grief, you might also face financial hardships and unanswered questions about the accident. It’s crucial to understand that you don’t have to go through this alone.

The wrongful death lawyers at Murphy Crantford Meehan can support you and help you take legal action after losing a family member in an accident caused by someone else. Our personal injury team in Summerville, SC, can provide the legal experience and compassionate care you need during this time. We will help you pursue a wrongful death claim to seek justice and see that the responsible parties are held accountable. Call us today or complete our contact form for a free consultation.

What Are the Elements of a Wrongful Death Claim?

There are certain legal elements you must prove to win a wrongful death claim in South Carolina. According to the South Carolina Code of Laws, a wrongful death is any death resulting from “the wrongful act, neglect or default of another.” This means that if your family member died because of someone else’s actions or failure to act, you could have a claim against the responsible party.

If the wrongful death occurred because of someone else’s negligence, the first element you must prove is that the defendant owed a duty of care toward your deceased family member. For example, all drivers have a duty to follow traffic laws. Next, you must show that the defendant failed to meet this duty through their reckless or negligent behavior or wrongdoing. You must then establish a direct link between this breach of duty and your family member’s death, establishing that the defendant’s actions caused the accident and that the accident caused your loved one’s loss of life. Finally, you must prove how your family member’s death led to measurable losses like medical bills, funeral expenses, lost income, and your emotional pain.

At Murphy Crantford Meehan, our experienced wrongful death attorneys can help you gather the necessary evidence and build a strong case. We’ll guide you through the process to secure fair compensation for your loss.

Who Can File a Wrongful Death Lawsuit in South Carolina?

Under South Carolina law, only the executor or administrator of the deceased’s estate can file a wrongful death claim. Usually, the executor is a member of the deceased’s family, though it could also be a friend or legal representative.

If the deceased did not have a will or did not choose someone to administer their estate, the courts can appoint someone to serve as the administrator. Once chosen, the administrator can initiate legal action and file a wrongful death claim.

Wrongful Deaths Claims vs. Criminal Homicide Cases

Understanding the differences between a wrongful death claim and a criminal homicide case is essential for families seeking justice after losing a loved one. Both types of cases are based on a death caused by another person, but they serve different purposes and follow different legal processes.

A wrongful death claim is a civil lawsuit filed by the executor of the deceased’s estate. The goal is for the family to recover financial compensation for their losses, including the deceased’s medical expenses, funeral costs, and lost income. Notably, a wrongful death claim cannot result in any prison time for the defendant. In wrongful death cases, the burden of proof is lower than it is in a criminal case, requiring only a “preponderance of the evidence.” This means that it must be more likely than not that the defendant’s actions caused the death.

On the other hand, a criminal case is one in which the state prosecutes a defendant for causing someone else’s death. These cases are meant to punish the wrongdoer and uphold public safety. The defendant faces criminal charges, which can result in penalties like imprisonment, fines, or even the death penalty. The burden of proof in a criminal case is much higher than in a civil case, requiring the prosecution to prove the defendant’s guilt “beyond a reasonable doubt.”

While wrongful death claims focus on providing financial relief to the family, criminal homicide cases aim to penalize the offender. It’s also important to note that a defendant can face both a wrongful death claim and criminal charges simultaneously. However, the outcomes of one case do not necessarily affect the other. For example, a defendant may be acquitted in a criminal trial but still be found liable in a wrongful death lawsuit.

Potential Compensation in South Carolina Wrongful Death Claims

Families can seek compensation for the deceased’s medical expenses incurred before their death, funeral and burial costs, and the loss of the deceased’s financial support. Additionally, compensation in a wrongful death claim can cover the family’s emotional pain and suffering. In cases involving recklessness or malicious intent, the family can also seek punitive damages to penalize the wrongdoer and deter similar actions in the future.

The compensation recovered in a wrongful death claim is distributed among the deceased’s beneficiaries. The primary beneficiaries include the spouse and children of the deceased. If the deceased did not have a spouse or children, the compensation goes to the deceased’s parents. In the absence of parents, the compensation goes to the deceased’s heirs, which might include siblings, extended family members, or other individuals entitled to inherit under South Carolina’s intestacy laws.

Most Common Causes of Wrongful Deaths in South Carolina

Understanding the common causes of wrongful deaths can help families recognize when they may have a valid claim. Here are some of the most common causes of wrongful deaths in South Carolina:

• Motor Vehicle Accidents: When drivers fail to uphold their duty of care, the resulting accidents can have devastating, even fatal consequences. Reckless driving, speeding, drunk driving, distracted driving, and other forms of negligent driving can all lead to fatal crashes.
• Medical Malpractice: When healthcare professionals make critical errors, the consequences can be fatal. Wrongful deaths can result from misdiagnoses, surgical errors, medication mistakes, or failure to provide appropriate care. Medical malpractice cases require proving that the healthcare provider’s negligence directly caused the patient’s death.
• Workplace Accidents: Dangerous working conditions, lack of proper safety measures, and inadequate training can lead to fatal workplace accidents. Industries like construction, manufacturing, and transportation are particularly prone to such incidents.
• Defective Products: When manufacturers produce faulty products, these defective items can pose severe risks to consumers. For instance, poorly designed vehicles, medical devices, pharmaceuticals, and household products can all cause fatal injuries.
• Premises Liability: Fatal accidents can occur due to unsafe conditions like slippery floors, faulty staircases, or inadequate security. If property owners neglect their duty to ensure safety, they can be held responsible for wrongful deaths that occur on their premises.
• Criminal Acts: Homicides and other violent crimes can also be grounds for wrongful death claims. Even if the perpetrator faces criminal charges, the victim’s family can pursue a civil wrongful death lawsuit to seek compensation for their loss.

Fatal Car Accident Statistics in Summerville, SC

According to the South Carolina Department of Public Safety, 20 people died in car accidents in Dorchester County during one recent year. The state doesn’t track accidents at the city level, so it’s difficult to say how many crashes occurred in Summerville. However, state records indicate that Dorchester County ranked 17th among all South Carolina counties for the number of traffic fatalities that year. Dorchester County also ranked 12th among all South Carolina counties in terms of the overall number of crashes recorded. Authorities say that running off the road was the most common contributing factor among all fatal crashes.

Deadline to File a South Carolina Wrongful Death Lawsuit

South Carolina’s statute of limitations on personal injury claims, including wrongful death claims, gives you three years to file a lawsuit in most circumstances. This countdown starts from the date your family member died. If you wait too long to act, you might lose your chance to seek compensation for your losses and hold the liable parties accountable. An experienced attorney can handle the legal details of your case while you grieve and focus on healing.

How Our Summerville, SC, Wrongful Death Attorneys Can Help You

At Murphy Crantford Meehan, we understand the emotional and financial strain that comes with losing a loved one due to someone else’s wrongdoing. Our dedicated wrongful death attorneys in Summerville, SC, can support you through this challenging time. We’ll handle the complex legal work, allowing you to focus on grieving and healing.

Our team will thoroughly investigate the circumstances surrounding your loved one’s death, gathering vital evidence to build a compelling case. We will handle all communication with insurance companies and opposing parties, helping you avoid inadvertent mistakes that could affect your case. Additionally, we will guide you through the legal process, explaining each step and keeping you informed.

We are committed to pursuing the maximum compensation for your loss. Let us take on the legal burden so you can focus on healing with your family.

Contact Our Wrongful Death Attorneys in Summerville, SC, Now

No one should have to endure the pain of losing a family member due to someone else’s careless actions. Murphy Crantford Meehan has more than 50 years of combined experience handling these types of cases, and our results demonstrate our skill and commitment. Call us today or reach out online for a free case evaluation.