Wrongful Death Accident Attorney in Columbia

Losing a loved one is a devastating experience for those left behind, causing sadness, grief, loneliness, and a void that can never be filled. Family members, such as spouses and children, are often the ones most affected and have the right to seek legal action. When an unexpected death is caused by the willful, reckless, or negligent acts of another, the responsible party should be held accountable. Wrongful death cases are closely related to personal injury law, as they arise when a personal injury would have led to a claim if the person had survived. An experienced attorney is essential for helping families seek justice and seek compensation for their loss. A wrongful death lawsuit is a civil case initiated by the deceased’s family or estate to hold the responsible party financially accountable.

Filing A Wrongful Death Claim with a Columbia Wrongful Death Attorney

Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in South Carolina. A valid wrongful death claim in South Carolina must be filed by the personal representative within three years of the person’s death. The surviving spouse, children, or, if none exist, other legal heirs as designated by South Carolina’s intestate succession laws may be eligible to benefit from the claim. The experienced lawyers at the Strom Law Firm in Columbia can assist with the initial probate court process, helping the personal representative and eligible beneficiaries obtain the necessary designation in probate court to begin the process of filing a South Carolina wrongful death action. The Strom Law Firm can help determine if you have a valid wrongful death claim and guide you through every step of your claim in South Carolina.

Evidence Collection and Investigation in Wrongful Death Cases

When a loved one’s life is tragically cut short due to someone else’s negligence or intentional act, building a strong wrongful death claim requires meticulous evidence collection and a thorough investigation. At Strom Law Firm, our experienced wrongful death attorneys understand that the foundation of a successful wrongful death lawsuit in Columbia, SC, is rooted in gathering as much evidence as possible to support your case and pursue justice for your family.

In South Carolina, families seeking justice for a loved one’s death must file a wrongful death claim within three years of the person’s death. Proving that a fatal accident was caused by another party’s wrongful act or negligence is essential to recovering fair compensation. This process involves collecting a wide range of evidence to demonstrate liability and the full extent of your losses.

Types Of Wrongful Death Accidents – Columbia Wrongful Death Attorney

Wrongful death occurs when a person dies as a result of another’s negligence, recklessness, or intentional act. In these situations, legal claims can be brought by surviving family members to seek compensation for the person’s death.

Many different types of accidents and actions can lead to wrongful death:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Medical malpractice
• Defective products
• Workplace accidents
• Dangerous property conditions

A death claim in South Carolina can arise from a variety of causes, including car crashes, workplace accidents, and medical malpractice. The circumstances surrounding a person’s death are critical in establishing the basis for wrongful death legal claims and ensuring the proper parties pursue compensation within the required time limits.

Truck Accidents

Big-wheelers are massive modes of transportation that can cause devastating injuries or death during collisions or other major roadway accidents. Many truck drivers are bound by federal regulations when licensed to operate such large machinery, which includes their allowable hours of service and monitoring the weights of their loads, and required vehicle maintenance. If an investigation proves a truck driver has failed to maintain their log or fallen asleep because they have driven over the allowable number of hours, or any number of other violations, including violations related to drugs or alcohol, maintenance, fitness for duty issues, etc., this could be cause to file a wrongful death claim.

Car Accidents

There is no dispute car collisions have led to fatal accidents. According to the South Carolina Department of Public Safety, a deadly crash occurred on South Carolina roadways every 9.5 hours in 2017. If a loved one’s death is caused by a driver who is intoxicated, under the influence of drugs or alcohol, or otherwise acting in a reckless manner, such as texting while driving, you may be entitled to compensation for punitive damages as well under the wrongful death statute.

Motorcycle Accidents

Motorcycle accidents can be devastating. Because these motorists are without metal barriers or protection, being hit by a large vehicle or tractor-trailer could cause catastrophic injuries. These motorists may also be run over by larger vehicles after being involved in an initial accident that disables the motorcycle in a roadway.

Bicycle Accidents and Pedestrian Accidents

Bicycle accidents and pedestrian accidents are often fatal. Downtown Columbia is filled with people riding bicycles, mopeds, and scooters. Many pedestrians walk the streets of Columbia as they head to and from the parking garage, and leave their offices to obtain a bite to eat, or exercise with walks through the beautiful city area. As with the accidents mentioned above, any type of negligence or reckless or willful collision resulting in the death of a loved one can constitute the need for a wrongful death claim.

Boating Accidents

With the many lakes in South Carolina, the likelihood of an accident involving boats is great. As with vehicles, accidents can be caused by other boaters or by a malfunction with the boat when it has not been well maintained. A driver can also be liable in the event they are operating while intoxicated or failing to provide a proper lookout for other boaters. If a fatal accident has been caused by another boater or there is a concern that there was a defect with the boat itself, you may be entitled to compensation.

Workplace Injuries

There are many jobs and professions that are dangerous to perform. Even in positions where the environment provides little danger, many different injuries can happen at work. Especially in careers that require the use of heavy machinery and strenuous activity (like climbing up poles or onto roofs), injuries on the job can be severe and fatal. Construction sites can be particularly dangerous and are often controlled by a number of different people. Also, toxic exposure like the Camp Lejeune water contamination lawsuits. You might be entitled to more than the benefits provided under worker’s compensation if a loved one was killed while on the job. Contact the Strom Law Firm today to let us evaluate whether any third party may also be responsible.

Product Liability

We do not want to believe that products can be unsafe, but sometimes things can go awry in the manufacturing process or with the information the company provides or fails to provide. This could include a part being defective or a drug being mislabeled. If you believe a loved one may have died from the result of a bad product, you may be entitled to compensation under the wrongful death statute.

Drug Defects

Many medications are put on the shelves before much is known about the effects of taking the drug. This could include situations where a medicine has been linked to cancer, or someone has died from a condition caused by the medication. An improperly labeled drug that caused the death of a loved one could constitute a wrongful death claim.

Medical Malpractice

Because there is a multitude of risks in medical settings, medical professionals are held to specific standards and levels of care. These standards apply to many types of medical professionals and other practitioners, such as nurses and therapists. If you feel a loved one may have been a victim of medical malpractice or has died as a result of a lack of care or actions that are below the necessary standard of care, you may be entitled to compensation under the wrongful death statute.

Damages Available In A Wrongful Death Action – Columbia Wrongful Death Attorney Identifies:

The goal of a wrongful death action is to recover damages for the losses suffered by the family.

There are different damages available in a wrongful death action. Families may be entitled to maximum compensation for both economic and non-economic losses, including financial support that the deceased would have provided.

These damages can include medical expenses, funeral costs, lost wages, loss of companionship, and pain and suffering. Achieving a fair settlement can be challenging, especially when dealing with insurance companies that may try to minimize payouts, but an experienced attorney can help you recover damages and ensure your family’s rights are protected.

Economic Damages

This would include economic damages such as medical bills, including ambulatory bills, physician costs, and emergency room costs. There could be additional medical costs if your loved one lived for a few hours or days after the incident. Funeral and burial costs, including funeral and burial expenses and burial costs, are also recoverable as part of the damages in a wrongful death claim. Funeral costs and medical bills incurred before the person’s death can be included in the claim. Funeral expenses including burial expenses, cremation expenses, and a coffin or urn, can also be recovered. Any time missed from work may also be compensated where it relates to the medical attention and care of the loved one prior to death, funeral and arrangements, or other post-death matters to attend. You may even be entitled to lost wages you will no longer receive due to the death of a loved one.

Non-economic Damages

These damages include those that do not have a price tag. With medical expenses and other economic damages, there is an out-of-pocket loss that can easily be calculated. Yet with non-economic damages, there is no set amount for the loss that has been suffered.

Emotional suffering experienced by surviving family members and the victim’s family is a significant part of non-economic damages in wrongful death cases. This includes the emotional pain, mental anguish, and loss of companionship that surviving family members endure after losing a loved one.

• Non-economic damages can include pain and suffering, which would encompass the at-fault party paying for the loss of a loved one that was caused by a negligent or willful act of harm.
• Losing the companionship of a loved one can be compensable as the family left behind will no longer be able to have that relationship with the loved one.
• The same is true for the death of spouses – you can be compensated for the inability to have a physical, meaningful relationship since the death of the loved one.
• These damages could also include a child that will no longer have parental guidance from the loved one as they navigate through life and could constitute additional compensation.

Punitive Damages

When the death of a loved one is caused by grossly negligent or reckless conduct, punitive damages can come into play. You can be entitled to punitive damages when this gross negligence and intentional harm is proven as a role in the death of your loved one. These damages are used for punishment or deterrent to the defendant and others in similar situations to ensure this does not happen to another employee.

Let our Columbia Wrongful Death Attorney Work Through Your Case

Many believe they will be able to get the situation behind them quickly by communicating and negotiating with insurance companies. However, insurance companies often try to settle wrongful death claims quickly and for less than fair value. Navigating the legal process can be complex, and it is in your best interest to have an experienced wrongful death attorney or personal injury lawyer handle all communications and negotiations. Your only communication with an insurance company should be to report the initial claim. Anything after that step should be referred to your Columbia Wrongful Death Attorney.

Working with a dedicated legal team, including personal injury attorneys, is essential to building a strong Columbia wrongful death case. An experienced wrongful death attorney or SC wrongful death attorney can help gather crucial evidence, such as accident reports, medical records, and witness testimony, to support your claim. It is crucial to consult with a wrongful death attorney soon after a loved one’s death to preserve your legal rights and evidence—be sure to collect essential records like death certificates and police reports for your consultation.

We will strive to make sure that the insurance company has all of the information they need. We will investigate all of the matters, injuries, and other moving parts of the claim. If the proper settlement cannot be reached through negotiation, an action will be filed in the appropriate Columbia courthouse. Our Columbia Wrongful Death Attorneys strive for excellence and the ability to obtain the highest recovery possible in the case.

Call The Columbia Wrongful Death Attorney at the Strom Law Firm

If someone you know may have died as the result of someone else’s negligent or intentional conduct, call the Columbia Wrongful Death Attorney at the Strom Law Firm (803) 252-4800 to schedule a free consultation. Our offices in Columbia and Georgia are ready and willing to work through this emotionally draining time to provide you and your family with the experienced representation you deserve.