Wrongful Death Lawyer in Charleston, SC
Looking for legal representation is more than Googling “wrongful death lawyer near me.” It involves doing your homework and looking for a lawyer with experience, compassion, and dedication. That’s where Anastopoulo Law Firm comes in.
Our wrongful death lawyers in Charleston, SC, are ready to manage your legal matters in the aftermath of losing a close loved one. Now, we want you to focus on celebrating your loved one’s life and moving forward. We’ll take care of everything else.
Two Things To Know About Partnering with Our Firm
Before we start discussing your legal options, here are some things we want to share about partnering with us:
We Offer Free Case Reviews
During your free case evaluation, we can evaluate your case and discuss its possible outcome. You can also get answers to these questions:
- How long will it take to recover compensation?
- How long do I have to file a wrongful death case?
- Can I file a lawsuit?
- What evidence could “prove” my case?
- What happens if the other party refuses to settle?
- How much is my case possibly worth?
You can ask us any question that’s on your mind. We’re here to listen.
For a free legal consultation with a wrongful death lawyer serving Charleston, call 803-222-2222
We Offer Help on a Contingency-Fee Basis
Curious about how much it costs to hire an attorney? Our wrongful death team works on a contingency-fee basis. What does this mean for you? Well:
- We don’t charge retainers or hourly rates.
- A portion of your settlement pays our attorney’s fees.
- You don’t pay anything until your case concludes.
- We finance all consulting, filing fees, and other related obligations.
You can trust us to be transparent about everything-including our terms of payment.
How Do Wrongful Death Lawsuits Work?
Under South Carolina Code § 15-51-10, a wrongful death lawsuit may be filed if the victim’s death is “caused by the wrongful act, neglect, or default of another.” So, if you lost a loved one due to another party’s negligence, you can seek compensation for your various hardships.
Some situations that can result in wrongful death cases include:
- Collisions involving trucks, cars, and motorcycles
- Bicycle and pedestrian accidents
- Nursing home abuse and neglect
- Instances of medical malpractice
- Slips and falls
- Premises liability incidents
- Defective products, such as vehicles
Charleston Wrongful Death Lawyer Near Me 803-222-2222
Who Can File a Wrongful Death Lawsuit in Charleston, SC?
Here’s what you need to know about wrongful death cases:
- Only a personal representative of the decedent’s estate can file a lawsuit. This representative is usually named in the decedent’s will or appointed by the court system.
- The personal representative can be a family member. However, it is not guaranteed.
- The personal representative initiates legal action to secure compensation for the decedent’s spouse, parents, and parents.
Furthermore, per S.C. Ann. § 15-3-530, you generally have three years to file your wrongful death lawsuit. While this seems like a generous filing deadline, gathering evidence takes time. For that reason, we encourage you to consult with our wrongful death team serving Charleston, SC.
You Can Recover These Losses Through an Injury Claim or Lawsuit
You can trust our team to seek the cost of your:
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Economic damages account for your financial losses, such as:
- End-of-life healthcare costs, including life support and hospice
- Funeral expenses, including the burial plot, embalming, and cremation
- The value of your loved one’s lost income
- Property damage expenses (if your loved one’s car was damaged or totaled)
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Non-economic damages account for your non-financial losses. These damages do not have inherent dollar values. We will evaluate your case to determine how much you can seek for:
- Pain and suffering
- Loss of consortium
- Loss of parental guidance
- Your emotional trauma
- Loss of enjoyment of life
Your loved one’s injuries, the pain they endured, and other factors will help us calculate your non-economic losses.
Sometimes, judges award something called “punitive damages.” We say “sometimes” because not every wrongful death claimant can seek this loss. Punitive damages punish the at-fault party for its negligence.
When you partner with a Charleston wrongful death attorney from our firm, we will evaluate and pursue everything you deserve.
Services You Can Expect from Your Charleston Wrongful Death Lawyer
When you partner with Anastopoulo Law Firm, you can expect your lawyer to:
#1. Manage All Case-Related Communications
When you partner with our team, you won’t have to reply to a single email from an involved party. That’s our job. We will send and respond to messages from the other party’s lawyers, the involved insurance companies, and other entities.
#2. Investigate Your Case and Gather Evidence
To assert your family’s right to compensation, we will find and use:
- Your loved one’s medical records
- Your loved one’s injury-related bills, invoices, and receipts
- Photos and videos of your loved one’s accident
- Testimony from witnesses
- Statements from expert witnesses, such as healthcare professionals
We may also work with private investigators to secure evidence not listed here.
#3. Prove Negligence
As mandated by the American Bar Association (ABA), to recover compensation, we must assert these four elements:
- Another party owed you a duty of care. This means they should have acted with reasonable care and prudence.
- Another party violated their duty of care by acting carelessly or recklessly. They might have failed to take appropriate action altogether.
- Another party caused your loved one’s passing.
- You have losses stemming from your loved one’s passing.
#4. File Your Insurance Claim
Many times, we’re able to resolve wrongful death cases through insurance settlements. To settle your case in this manner, we will first evaluate your coverage options. For instance, if your loved one passed away in a car accident, we can likely file a claim with the at-fault driver’s insurance company.
To resolve your insurance claim, we will:
- Review the liable policy
- Send your demand letter, which outlines your damages’ cost
- Submit your claim’s paperwork
- Consult with experts on your case
- Protect you from bad faith insurance practices
#5. File Your Lawsuit
Our law firm will do more than file your lawsuit within the statute of limitations; we will also:
- File your case to the appropriate court
- Interview witnesses and take depositions
- Cross-examine the other party’s witnesses
- Create a compelling argument
- Aim toward a favorable judgment
We will create a strategy that meets your case’s obligations.
What Can I Expect After Filing My Wrongful Death Claim?
After filing your wrongful death claim with the liable insurance company, it may:
- Accept your claim. Here, you can accept a settlement and resolve your case.
- Offer a different arrangement. The insurance company may not pay what you initially requested, but it may be open to negotiations. Here, we can go back and forth until we secure what you need.
- Deny your claim. It’s not uncommon for insurance companies to deny valid claims. If this happens, we will use evidence, the liable policy, and other information to recover compensation.
- Ignore your claim. The insurance company might say that it never received your claim, hoping that you’ll drop the matter and pay for your losses out of pocket. You have protections from bad faith insurance practices under South Carolina law. Insurance companies must respond to claims in a reasonable timeframe.
We’re prepared to fight for what you need-regardless of the path your case takes.
Begin Your Free Case Review with Our Injury Team Today
Contact the wrongful death team at Anastopoulo Law Firm today. You have the opportunity to discuss your situation with a compassionate team member who’s eager to hear your story.
Dial (800) 313-2546 to begin your free case review.
Call or text 803-222-2222 or complete a Free Case Evaluation form