Wrongful Death Attorneys in Winnsboro, South Carolina
Losing a loved one is a devastating experience for those left behind causing sadness, grief, loneliness, and avoid that can never be filled. When an unexpected death is caused by the willful, reckless, or negligent acts of another, the at-fault party should be held accountable. In many situations, correcting the wrong requires a case to be filed by experienced, committed, and diligent Winnsboro Wrongful Death Attorneys.
FILING A WRONGFUL DEATH CLAIM
The wrongful death lawyer can pursue an action on behalf of the spouse, children, parents, or other heirs of the decedent. The experienced lawyers at the Strom Law Firm can help assist with the initial probate court process by helping the heir(s) and beneficiaries obtain the necessary designation in probate court to begin the process of filing a wrongful death action.
TYPES OF WRONGFUL DEATH ACCIDENTS
Many different types of accidents and actions can lead to a wrongful death:
Car Accidents
There is no dispute that car collisions have led to fatal accidents. According to the South Carolina Department of Public Safety, a fatal collision 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
Reports from the South Carolina Department of Public Safety state that there were over 2,278 traffic collisions involving motorcycles in 2017. 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.
Truck Accidents
Eighteen-wheelers are massive modes of transportation that can cause devastating injuries or death during collisions or other truck roadway accidents. Many truck drivers are bound by federal regulations when licensed to operate such large machinery, which include their allowable hours of service, 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, then this could be caused to file a wrongful death claim.
Bicycle and Pedestrian Accidents
Bicycle accidents and pedestrian accidents are often fatal. 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.
With the many lakes in South Carolina, the likelihood of an accident involving boats is great. As with vehicles, boating accidents can be caused by other boaters or with 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. You may 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.
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 for compensation under the wrongful death statute.
Drug Defects
Many medications are put on the shelves before much is known on the effects of taking the medication. This could include situations where a medication 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 and has died as a result of a lack of care or actions, you may be entitled to compensation under the wrongful death statute.
DAMAGES AVAILABLE IN A WRONGFUL DEATH ACTION
There are different damages available in a wrongful death action.
Economic Damages
This would include medical costs from ambulatory bills, to physician costs, to emergency room costs. There could be additional medical costs if your loved one lived for a few hours or days after the incident. Funeral expenses to include 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.
- 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 the 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 gross negligence or intentional harm is proven as a role in the death of your loved one. These damages are used for a punishment or deterrent to the defendant and others in similar situations to ensure this does not happen to another employee.
LET US WORK THROUGH YOUR CASE
Many believe they will be able to get the situation behind them quickly by communicating and negotiating with the insurance company. This is not in the best interest of you, the family or the lost loved one. Your only communication with an insurance company should be to report the initial claim. Anything after that step should be referred to a Winnsboro Wrongful Death Attorney.
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, a law suit will be filed in the appropriate courthouse. We strive for excellence and seek to obtain the highest recovery possible in the case.
CALL THE STROM LAW FIRM
If someone you know may have died as the result of someone else’s negligent or intentional conduct, call the Strom Law Firm at (803) 252-4800 to schedule a free consultation. Our offices are ready and willing to work through this emotionally draining time to provide you and your family with the experienced representation you deserve.
