Have you suffered the painful loss of a spouse, parent, or child in an accident in Columbia, South Carolina? If so, now’s the time to call Jamie Casino Injury Attorneys at (912) 513-4955 for a free consultation. You have rights, which can include the ability to demand financial justice from those responsible for your loved one’s tragic accident. Our experienced Columbia wrongful death lawyers can help you maximize your recovery.
Jamie Casino Injury Attorneys offers powerful, professional legal representation to victims and their families. We’re award-winning South Carolina trial lawyers with 40 years of combined experience and an unmatched ability to achieve record-shattering case results for our clients.
Why Hire Jamie Casino Injury Attorneys After a Family Member’s Wrongful Death in Columbia, SC?
Grieving families in South Carolina trust Jamie Casino Injury Attorneys because we don’t back down when met with an insurance company’s manipulative and intimidating tactics. Instead, we draw on decades of experience litigating high-stakes, high-value personal injury cases and use every tool at our disposal to force accountability and leverage life-changing monetary awards from corporate bullies.
Our Columbia wrongful death attorneys are known and respected litigators that the insurance company doesn’t want to see on the other side of the negotiating table. We can offer personalized, compassionate representation during a devastating time in your life, while also bringing the hammer down on those responsible for your unimaginable loss.
Now is the time to take action, so contact our Columbia personal injury lawyers to speak with our team about your case. Your first consultation is free.
What is Wrongful Death in South Carolina?
Wrongful death is a legal cause of action that allows a claim for damages to exist when the would-be plaintiff dies.
Under South Carolina’s Wrongful Death Act, a claim can be pursued when:
- A person’s death is the result of “the wrongful act, neglect, or default of another,” and
- The victim would have had the right to seek compensation through a legal claim if they’d survived.
A wrongful death claim helps to ensure that a person who causes another’s death is held accountable. The lawsuit forces them to take responsibility for their mistakes, cover resulting damages, and dissuades them from acting in a similar way in the future.
When Can I Sue For Wrongful Death?
First, it’s important to understand that not everyone will have the right to file a wrongful death lawsuit. Under South Carolina law, only the decedent’s personal representative can bring a claim. That claim, however, is filed for the benefit of surviving family members, including a spouse, children, and/or parents.
So, you might be able to benefit from a wrongful death lawsuit if your close family member was killed as a result of a/an:
- Car accident
- Truck accident
- Motorcycle accident
- Bicycle accident
- Pedestrian accident
- E-scooter accident
- Bus accident
- Train accident
- Boating accident
- Slip and fall accident
- Workplace accident
- Assault
- Dog bite
- Matter of premises liability
- Construction accident
- Aviation accident
Wrongful death claims can arise in the context of medical malpractice and product liability, too.
If you believe that your loved one’s death could have been avoided, call our wrongful death lawyers in Columbia for help. We’ll sit down and listen to your story, evaluate your potential legal options, and explain how we might be able to help you get justice for your loss.
What is My Family’s Wrongful Death Case Worth?
There’s no hard-and-fast value for wrongful death cases. Instead, the potential value of a personal injury claim is dictated by facts and circumstances unique to that situation.
When evaluating your claim’s potential value, our South Carolina wrongful death attorneys in Columbia will consider:
- The victim’s job, earning potential, and income
- Retirement accounts that will be adversely affected by the victim’s death
- The nature of the victim’s death
- Shared responsibility for the accident in which the victim was killed
- Available insurance benefits and applicable policy limits
- The nature of the victim’s relationship with their surviving heirs
Whether or not the victim survived their injuries before ultimately passing away can affect a claim’s value, too. More specifically, short-term survival can provide an opportunity to seek additional compensation with another type of claim called a survival action. If you’re eligible to file both types of claims, you can potentially recover substantially more money.
What Compensation Can Be Awarded in a Columbia Wrongful Death Case?
In South Carolina, two types of compensatory damages can be awarded in wrongful death cases. These are called economic damages and non-economic damages. Since wrongful death damages are intended to compensate the decedent’s family in the wake of a fatal accident, they’re more limited in scope than in other types of personal injury cases.
You can potentially receive money for:
- Lost financial support
- Loss of inheritance
- Medical bills incurred before a victim’s death
- Loss of household support and services
- Loss of consortium
- Loss of parental guidance
- Emotional distress
- Funeral expenses
If you’re able to file a survival action, you can also pursue compensation for the victim’s pain and suffering and other damages they personally experienced after they got hurt and before they passed away.
Punitive damages can be awarded in some South Carolina wrongful death cases. Pursuant to state law, a jury has to be convinced by clear evidence that the defendant named in the lawsuit acted intentionally or was grossly negligent.
Can Shared Fault Affect a South Carolina Wrongful Death Settlement?
South Carolina’s modified comparative negligence rule can apply in wrongful death litigation. Under the law, a plaintiff’s ability to recover compensation is reduced proportionately to their shared liability. In wrongful death cases, the decedent’s shared fault is taken into consideration.
You can recover compensation with a wrongful death case if your loved one shared some, but not most, of the blame for their fatal injuries. If their contributory fault is equal to or greater than 51 percent, your family can lose the ability to recover compensation in a related civil lawsuit.
The more liability your loved one shares for their fatal accident, the more it’ll hurt your ability to get money for lost financial support, pain and suffering, and other consequences of their death. It’s important to hire an experienced Columbia personal injury attorney who can navigate claims of shared fault and help you maximize your recovery.
How Much Does it Cost to Hire a Wrongful Death Attorney in Columbia?
Nothing out of your own pocket. Our personal injury law firm represents families on a contingency fee basis. We’ll front the costs of pursuing your wrongful death case and stake our compensation on the results we achieve.
We don’t get paid until we recover compensation for you. Our attorney fees are deducted from the financial award we recover on your behalf. If we don’t win your wrongful death case, you owe us nothing.
Is There a Time Limit for Filing a Wrongful Death Lawsuit in South Carolina?
South Carolina applies a three-year statute of limitations to most wrongful death cases. This provides a three-year window in which you can seek damages, starting on the date of the victim’s passing.
You have to file your claim before the statute of limitations expires, or you risk losing the ability to demand compensation for your loved one’s premature death.
Schedule a Free Consultation With an Experienced Columbia Wrongful Death Lawyer
If you’ve lost a loved one in a fatal accident in Columbia, South Carolina, the Columbia wrongful death attorneys at Jamie Casino Injury Attorneys are here to help. Our legal team will stand up to the at-fault party and their insurance company while fighting for the justice and financial accountability your family deserves. Contact us today to schedule your free consultation and learn how we can help you pursue a wrongful death claim.
