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Losing a loved one prematurely is one of the most devastating things a family can experience. When someone else’s carelessness causes their passing, that makes it even more traumatic. In addition to emotional anguish, you may be suffering financially if the deceased was the main provider for your household.
According to South Carolina law, surviving family members can receive compensation for their loss if the deceased would have prevailed in a personal injury lawsuit. When you lose a loved one to another party’s negligence, contact a Mount Pleasant wrongful death lawyer from our firm as soon as possible. Our attorneys at Geel & Gentry, LLC, can help preserve and examine evidence and prepare a lawsuit while you spend time with your family.
If the deceased had lived after the accident and met the criteria to file a negligence lawsuit, you and your family may qualify for compensation for wrongful death. However, your Mount Pleasant attorney must establish that someone else acted below the reasonable standard of care expected in the situation and that their actions caused the accident and your loved one’s wrongful death.
For example, if your loved one was struck and injured by a speeding drunk driver and lived, a personal injury lawsuit could be filed. If your loved one died in the accident, you and your family would be eligible to file a wrongful death suit. Other wrongful deaths can stem from:
During estate planning, a person names an executor or administrator—or the court may appoint one—who represents their survivors after their death. According to South Carolina Code of Laws Unannotated § 15-51-20, the deceased’s executor or estate administrator is responsible for filing wrongful death claims. A damages award will be distributed first to the surviving spouse and children, but if there are none, then to the parents of the deceased. If no parents are living, the money will go to any heirs of the deceased.
Prior to a loved one’s death, any negligence claim would entail filing a personal injury lawsuit within three years of the accident. For a wrongful death claim, you have three years to pursue legal action, but the clock starts on the date of the death instead of the date of the accident that led to it. A knowledgeable attorney serving Mount Pleasant could ensure all necessary documents are filed promptly and properly.
All grief is personal, and spending time with your family to remember a loved one is essential. While you begin to heal from your loss, we could begin helping you with the financial challenges you may be experiencing. You could be entitled to compensation for burial expenses, final medical bills, and your emotional and financial losses.
If your family member would have been eligible to file a personal injury lawsuit against the defendant but passed away in the accident, you have a case, too. A Mount Pleasant wrongful death lawyer is available to answer your questions and seek compensation for your family. You do not have to pay anything unless your case is successful—so, do not hesitate to contact us at Geel & Gentry, LLC today.