Charleston Wrongful Death Attorney

Helping Families Pursue Justice for Their Loved Ones

In South Carolina, if a person's wrongful act, neglect, or default caused
another's death, that individual may be held liable for damages arising
from the incident. That means that the decedent's surviving family members
may pursue legal action against the person and seek to recover compensation
for losses and expenses they sustained. Although no amount of money can
ever erase a loved one's loss, it can help relieve some of the financial
burdens, allowing the family to focus on what's important. However, wrongful
death cases are complex, and pursuing a just settlement can be challenging.

At Thurmond Kirchner & Timbes, P.A., we are here to help you through your case. We know South Carolina's laws
and can provide the skilled guidance you need from an experienced wrongful death attorney in Charleston. Our team provides compassionate
legal representation and genuinely cares about the people we help. When
you choose us, you can be confident that you will have a loyal advocate
on your side, working hard to seek justice for you and your family.

Our wrongful death lawyers help individuals and family members in Charleston,
Summerville, and the surrounding areas. Call us at
(843) 790-0083 or
contact us online for the legal representation you need.

Determining Liability in a Wrongful Death Case

When you bring a wrongful death claim, you must prove that the other person was liable for your loved one's death. In other words, you must demonstrate to the court that the person's actions or inactions were the reason your loved one lost their life.

Proving liability requires collecting and presenting evidence to support the claim. At Thurmond Kirchner & Timbes, P.A., we review every detail of these cases, examining records, surveillance videos, repair logs, and any other information necessary. We will work hard to prove that the at-fault party breached their duty of care and, as such, is responsible for your loved one's death.

How Do Wrongful Death Claims Arise?

An executor or administrator may file a wrongful death claim for the decedent's family when the cause of death was a wrongful act, neglect, or default.

Various situations can warrant a wrongful death case, including, but not limited to:

• Automobile accidents
• Truck accidents
• Boating accidents
• Birth injuries
• Construction accidents
• Products liability
• Medical device defects

Who May Recover Compensation?

The decedent's administrator or executor brings wrongful death cases in South Carolina. This person may be someone named in the decedent's estate or appointed by the court. Essentially, the executor files the claim on behalf of the decedent's surviving family members. Thus, although they pursue legal action, if the jury awards compensation, it goes to the family.

South Carolina Code of Laws 15-51-20 provides that wrongful death beneficiaries include the decedent's:

• Spouse or children,
• Parent or parents (if there are no surviving spouse or children)
• Heirs (if there are no surviving spouse, children, or parents)

What Damages May Be Recovered?

Damages refer to the expenses and losses the surviving family members incurred because of their loved one's accident and death.

Family members may receive compensation for the following:

• Loss of income
• Loss of companionship
• Loss of emotional support
• Funeral expenses
• Medical bills
• Pain and suffering
• Punitive damages

Because every case is unique, the amount of damages recovered in one case may differ from those awarded in another. Determining just compensation is a delicate matter and requires a thorough assessment of the situation. Our Charleston wrongful death attorneys will review your case and discuss your options for recovering damages.

Frequently Asked Questions About Wrongful Death Cases

What Is Considered a Wrongful Death in South Carolina?

In South Carolina, a wrongful death is defined as a death caused by the wrongful act or neglect of another person. This would include situations where the deceased could have pursued a personal injury claim had they survived. The definition encompasses a wide variety of circumstances, including medical malpractice, automobile accidents, and workplace incidents, where another party’s legal fault leads to a person's death. The aim of a wrongful death claim is to provide monetary compensation for the decedent's surviving family members, addressing the financial and emotional turmoil resulting from the untimely death.

How Do I Prove Negligence in a Wrongful Death Case?

Proving negligence in a wrongful death claim involves demonstrating that the responsible party owed a duty of care to the deceased and that they breached this duty, leading to the fatal incident. This requires collecting substantial evidence, including eyewitness testimonies, accident reports, and expert opinions. Establishing negligence is a complex process that demands not just evidence but a strategic legal approach.

What Is the Statute of Limitations for Wrongful Death Claims in South Carolina?

In South Carolina, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased’s death. This timeframe is strictly enforced, and failing to file within this period can result in the loss of the right to pursue compensation.

How Is Compensation Determined in a Wrongful Death Claim?

Compensation in a wrongful death claim is determined by evaluating various factors such as the deceased's income, age, life expectancy, and the emotional impact on surviving family members. Economic damages cover losses like income and medical expenses, while non-economic damages address the pain and suffering endured. In some cases, punitive damages may also be awarded to penalize egregious misconduct. Each claim is unique, and calculating appropriate compensation requires legal acumen and a detailed analysis of the circumstances surrounding the death. This complexity underscores the value of having an experienced attorney in securing a fair settlement.

Contact Thurmond Kirchner & Timbes, P.A.

If another person caused your loved one's death, you generally have 3 years to file a claim. When you call our team, we will get started on helping you through the process of holding those at fault responsible for their behavior and seeking fair recovery.

Schedule a free consultation by calling
(843) 790-0083 or
submitting an online contact form. We provide legal representation in and around Charleston and Summerville.