Wrongful Death Lawyer in Columbia, SC
There may be no more catastrophic loss possible other than losing a loved one or family member. If you have recently suffered such a loss due to the negligence of another person, you may be able to see compensation for wrongful death.
The attorneys at Anastopoulo Law Firm understand the immense personal and financial strain that follows losing a loved one. When your loss results from someone else’s carelessness or recklessness, the pain is even more unimaginable. Our team of wrongful death attorneys in Columbia, SC, is here to help you fight for justice.
Understanding a Wrongful Death Lawsuit
Despite what many people may think, a wrongful death case is not about assigning a financial value to the injuries suffered by those who passed on. Rather, wrongful death cases are intended to compensate loved ones who were left behind by the loss.
Wrongful death cases can be brought about because of:
- Vehicle accidents (truck, car, or motorcycle)
- Bicycle accidents
- Pedestrian accidents
- Insufficient security measures
- Acts of criminal violence
- Recklessness with weapons (such as firearms)
- Suicide caused by harassment
- Neglect or abuse via a nursing home
- Medical negligence
- Faulty or malfunctioning product
S.C. Ann. § 15-51-10 allows certain family members to file a lawsuit when a person’s demise is “caused by the wrongful act, neglect, or default of another.”
For a free legal consultation with a wrongful death lawyer serving South Carolina, call 803-222-2222
Who is Allowed To Bring a Wrongful Death Action in Columbia, SC?
Ultimately, a wrongful death lawsuit is brought by the administrators of the estate of the deceased, usually named in their will. If the deceased has no will, the court can assign a representative.
Traditionally, the children or spouse of the deceased brings a wrongful death lawsuit. If the deceased had no surviving children or spouse, the next persons who can bring an action would be the deceased victim’s parents.
If none of these relatives are available, the wrongful death action could be brought on by other family members.
South Carolina Wrongful Death Lawyer Near Me 803-222-2222
What Kinds of Compensation Can I Expect in a Wrongful Death Lawsuit?
A wrongful death lawsuit intends to help surviving family members pay for expenses accumulated as a result of the loved one’s death. Medical expenses, burial fees, and other expenses are examples of costs associated with a wrongful death case.
There are different kinds of damages recoverable if the surviving family wins their case. Some damages awarded may include:
- Economic Damages: This is compensation for the deceased expenses, including funeral expenses, medical costs, loss of future earnings (including IRAs or pensions), and for the loss of services the loved one provided. If you took off time to care for your loved one before their passing, we can also go after awards for lost wages.
- Non-economic Damages: These forms of compensation are related to hardships not involving direct finances. Some of these damages include pain and suffering, including the resulting mental anguish the loss of the loved one caused. Loss of consortium also accounts for the companionship provided by the deceased.
How Long Do I Have To File a Wrongful Death Lawsuit in Columbia, SC?
There are limits on how long you may file a wrongful death lawsuit in the state of South Carolina. S.C. Ann. § 15-3-530 states that surviving relatives have three years to file a wrongful death lawsuit.
Three years may sound like a long time; however, it takes a while to build a case. We have to gather evidence, which may include contacting and interviewing witnesses. We may also have to consult experts, such as accident reconstructionists.
A Columbia, SC, wrongful death attorney from our firm can help you meet this deadline. The sooner you reach out to us, the sooner we can get to work on your case.
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What Can a Wrongful Death Lawyer Do?
After suffering such a devastating loss, survivors’ emotions are often raw, filled with a combination of rage, sorrow, disbelief, shock, and frustration. Many family members suffering such a loss don’t know what to do. Our compassionate team at Anastopoulo Law Firm can help relieve you of some of the pressure.
We Can Prove the Negligence of Another Party
We can help establish the four elements of negligence in your case. Consider the example of a driver who runs through a stop sign and collides with the car of another Columbia motorist. On the surface, this matter seems clear to a layperson. But in the eyes of the law, it is a more complicated matter.
The surviving family of the deceased would need to prove the other driver had a legal obligation for safe driving. They would then need to prove their negligence or recklessness was the cause of the injuries that resulted in the loved one’s death.
We Can Negotiate a Settlement With Insurers
The last thing you probably feel like dealing with is an insurance adjuster. We can handle them for you. Our legal team can assess any offer you receive to see if it would fairly compensate you. If not, we can negotiate for what you deserve.
We Can Represent You in a Trial
If we cannot reach a fair settlement with insurers, we can file a lawsuit and represent you in a trial. The court may award you a verdict. Our wrongful death attorneys in Columbia can handle the defense attorneys and present our evidence to a judge or jury.
Learn How Our Wrongful Death Attorneys in Columbia, SC, Can Help
Call the team at Anastopoulo Law Firm today at (800) 313-2546 or contact us online 24/7 for a free case review. There’s no obligation, and we can explain how one of our Columbia wrongful death lawyers can help.