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Losing someone because of another person’s carelessness can be devastating. A Duncan personal injury lawyer can help you take legal action and recover compensation for your loss.
No amount of money can bring a loved one back, but holding the at-fault party accountable can provide closure and financial security. If you lost a loved one due to someone else’s negligence, a Duncan wrongful death lawyer from Farmer & Morris Law, PLLC can guide you through the legal process and fight to secure the compensation your family deserves.
How a Duncan Wrongful Death Lawyer Can Help
Legal claims can be stressful, especially if you are grieving. A wrongful death lawyer in Duncan can help by:
- Investigating the incident: Your lawyer can gather evidence, interview witnesses, and work with experts to determine what happened and who is responsible.
- Proving negligence: Your attorney can build a strong case showing that the defendant’s actions directly led to your loved one’s death.
- Calculating damages: Your lawyer can assess the full financial and emotional impact of your loss to determine the value of your claim.
- Negotiating settlements: Many wrongful death claims are resolved through settlements. Your lawyer can deal with the insurance companies so you don’t have to.
- Representing you in court: If the other side refuses to offer a fair settlement, your lawyer can take the case to trial to pursue justice.
What Damages Can Be Recovered?
A wrongful death lawsuit is meant to compensate surviving family members for both financial and emotional losses. Depending on the case, compensation can include:
- Medical expenses: You can recover the cost of any medical care your loved one received before death, including hospital stays, emergency treatment, and medications related to the fatal injury or illness.
- Funeral and burial expenses: You can be reimbursed for the cost of funeral services, burial or cremation, and related arrangements that place financial strain on your family.
- Loss of financial support: You can seek compensation for the income, benefits, and financial contributions your loved one would have provided had they lived.
- Loss of companionship: You can recover damages for the loss of love, care, guidance, and emotional support that your loved one provided.
- Pain and suffering: You can be compensated for the emotional anguish, grief, and mental distress caused by your loved one’s wrongful death.
A wrongful death attorney in Duncan can help calculate your damages and build a comprehensive claim.
How Long Do You Have to File a Wrongful Death Claim in SC?
In South Carolina, you generally have three years from the date of death to file a wrongful death claim. If the case involves a government agency, such as a county hospital or public institution, the deadline is shortened to two years.
Medical malpractice cases can have different timelines. If the negligence wasn’t immediately discovered, the three-year clock may start from when the error was found, though no case can be filed more than six years after the act itself. In rare situations where someone hides their wrongdoing, the court may extend the filing period.
What Is Wrongful Death?
A wrongful death occurs when someone’s negligence, recklessness, or intentional act causes another person’s death. Wrongful death claims are civil actions, meaning they are separate from any criminal charges that might also apply. The goal is to hold the responsible party financially accountable for the harm they caused.
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina law, a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. This person acts on behalf of surviving family members, which often include:
- The spouse
- Children
- Parents (if there is no surviving spouse or child)
- Other heirs, in certain cases
The damages recovered through a wrongful death lawsuit are distributed to these family members based on state law.
Common Causes of Wrongful Death in Duncan
Some of the most common situations that can lead to wrongful death claims include:
- Highway collisions: Speeding, distracted, or impaired drivers can cause fatal collisions.
- Industrial and warehouse accidents: Duncan’s proximity to manufacturing and distribution centers means workers face potential hazards every day.
- Medical errors: Negligence in diagnosis, surgical procedures, or medication can have fatal consequences.
- Nursing home neglect: Elderly residents can suffer fatal injuries from falls, dehydration, or lack of medical attention.
- Defective machinery or consumer goods: Faulty products can cause catastrophic injuries that lead to death.
Get Help from a Wrongful Death Lawyer in Duncan
If you lost a loved one due to someone else’s negligence, you don’t have to face the aftermath alone. A Duncan wrongful death attorney from Farmer & Morris Law, PLLC can help you hold the responsible party accountable and pursue the compensation your family deserves.
Schedule a free case review to find out how you can get justice for your loved one.
