Charleston Wrongful Death Lawyer

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Losing a loved one suddenly or tragically can change the dynamic of your family forever. In addition to the loss of a valued member of the family, you are also dealing with financial fallout from their passing.

A person or company who was responsible for the death of your loved one would have a legal obligation to pay your family substantially if you can prove that the death was wrongful.

It can be difficult for you to address the legal process while grieving, but our Charleston wrongful death attorney can help. You can trust attorney Frank Hartman to do what is necessary to get you the money you deserve at The Hartman Law Firm, LLC.

Claims Our Charleston Wrongful Death Law Firm Handles

We have the experience to help your family in many types of wrongful death cases. Here are some of the wrongful death cases that we can manage on your behalf:

No matter the type of case involved, we assume the role of a fierce advocate for your family’s rights. If you have concerns about the complexity of your case, reach out to us, and we can discuss your situation together.

Why You Need a Wrongful Death Attorney

Even if the insurance company is willing to settle your wrongful death claim, we find it is far from the end of the story. You simply have no way of knowing how much your case is worth if you are trying to value it on your own.

Many of the factors involved in wrongful death damages can be entirely subjective, and many people aren’t privy to being able to interpret them. Thankfully for you, we are.

When you hire Frank as your wrongful death attorney, he will get into the details of your case and your family situation to come up with a full picture of the damages available to you. He will not let the insurance company off the hook until they pay you what you deserve.

Proving Your Wrongful Death Case

Proving wrongful action is the essential element in every fatal accident case. You must show that the defendant did something wrong to cause the death of your loved one. Here, wrongful action can be negligent, reckless, or intentional.

In the majority of cases, you would be attempting to prove that the defendant acted in a manner that a reasonable person would not have, and it caused the death of your loved one. As the plaintiff or claimant, you have the burden of proof to demonstrate that what caused your loved one’s death was wrongful behavior by the defendant.

Who Gets the Money in a Wrongful Death Case?

South Carolina law dictates which family members would receive what in a wrongful death case.

The order of precedence is as follows:

  • If there is a spouse and no children, the spouse will receive 100% of the wrongful death proceeds.
  • If there are children and no spouse, the children would divide the wrongful death proceeds equally.
  • If there is a spouse and children, the spouse will receive half of the wrongful death proceeds and the children will equally divide the rest.
  • If there is no spouse or children, the parents will receive the retirement of the proceeds.

The estate would recover the damages in a survival action, and the proceeds would be divided by the terms of the estate. As we create a personalized case strategy, we can discuss who may be wrongful death beneficiaries in your family.

How Much Your Wrongful Death Lawsuit May Be Worth

Think of a wrongful death case as your family’s personal injury case, with the injury being the loss of your loved one. Your damages reflect the specifics of how your family has suffered and will continue to be affected in the future. Thus, your damages would factor in exactly what the deceased person provided to the family and what they would do in the future.

You may get a sense of what your case is worth when you understand the individual elements of wrongful death damages. Your settlement would compensate you both for the financial benefits that your loved one provided and the positive effect that they had on the family.

Wrongful death damages include:

  • The financial support that your loved one would have provided the family had they continued to work for the rest of their career
  • The guidance that they provided to the family
  • The close and loving relationship that they had with the family
  • The physical relationship with their spouse
  • The shock, devastation, and trauma that the family has endured from the sudden and untimely loss of a loved one.

Wrongful death damages can be considerable, and the insurance company knows it. They will no doubt think of a reason to avoid having to pay you fully. If Frank is your wrongful death lawyer, he will work to remove the red tape and the barriers that the insurance company places in the way of all available compensation for your family.

How Long You Have to File a Wrongful Death Case

South Carolina law imposes a statute of limitations on wrongful death cases. You only have a certain amount of time to file a lawsuit before you lose the right to see compensation forever.

For wrongful death cases, you have three years from the date of death to file the lawsuit.

There are some cases where you may not realize that your loved one’s death was wrongful.

This is especially the case when your loved one dies from a defective product, such as harmful medications. In that event, you have three years from the date of discovery to follow the lawsuit.

For anyone wondering if they have a wrongful death case, don’t wait. Talk to us and we can get your claim or lawsuit moving as quickly and comprehensively as possible.

Contact a Charleston Wrongful Death Lawyer Today

At The Hartman Law Firm, LLC, Frank comes to work every day with the mindset to do everything possible to help our clients in difficult situations. We can think of no more difficult situation than the sudden loss of a loved one.

You can speak with Frank about your case and learn the next steps by contacting us to schedule a free initial consultation. We will take the time to listen and learn before giving you advice about what to do next.

To schedule a free consultation, you can send Frank a message through our firm’s website or call him today at 843.300.7600.

FAQs About Wrongful Death Cases

How much does a wrongful death attorney cost?

Your obligation to pay a wrongful death attorney comes only when you win your case. In that event, your lawyer is paid from the proceeds of the case. We do not ask you for a retainer, nor do we send you any bills for our time. If you do not win your case, we won’t get paid for our services.

What is the difference between a wrongful death lawsuit and a survival action?

A wrongful death lawsuit is intended to compensate the family for what they lost when their loved one passed away. A survival action allows the estate to recover the damages that the deceased person suffered between the time of their injury and their death. We may file these together since they involve the same operative set of facts.

What is the wrongful death cap in South Carolina?

There are a few limitations on wrongful death damages in South Carolina. First, damages are capped in medical malpractice cases. Second, punitive damage is limited in wrongful death lawsuits if a jury can be persuaded to award it.

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