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When it’s clear that your loved one’s death was preventable, it causes an extra level of suffering for the family. You are dealing with both grief and anger. At the same time, your family may be suffering an extra financial burden, both from the bills associated with your loved one’s death and the fact that they are no longer bringing in an income.
A wrongful death attorney in Greenville, SC can help your family get what it needs after your loved one has been killed, including:
Wrongful death can occur in practically any type of personal injury case. A wrongful death is a personal injury where death is the ultimate injury that the accident victim has suffered.
Here are some personal injury cases that can result in wrongful death:
The family brings a wrongful death case for their own injuries that they suffered when their loved one died. When a family member dies, the family itself loses several things, including:
In addition, the estate can also recover financially for what the deceased person lost between the time of their injury and death, including:
Wrongful death settlements and jury awards can be considerable. After all, the defendant must compensate your family for the value of a life that has been lost. Wrongful death cases usually have settlements that begin in the six figures. The settlement or award will likely be higher if the defendant has a higher policy value.
A wrongful death case is the same as any other personal injury case in that the prerequisite for getting money is proving that the defendant was negligent. After you have succeeded in proving liability, then you can talk about settlement terms or compensation.
To prove negligence, you must demonstrate the following:
Here are some examples of things that may be considered negligence in a wrongful death case:
All of these fact scenarios would require proof of what happened. You have the burden of proof to show that someone else was negligent. We offer free consultations, call us today and speak to a wrongful death attorney in Greenville, SC.
South Carolina has its own wrongful death law governing the lawsuit the family can file after their loved one was killed. South Carolina’s law is slightly different from that in other states. In this state, the estate’s executor is the one who will file the wrongful death lawsuit. The court will name someone who can file the wrongful death lawsuit if there is no executor.
South Carolina law also specifies who may receive money from the proceeds of a wrongful death claim or lawsuit.
South Carolina has strict time limits for the family to file a wrongful death action. You have three years from the date of death (or the date you realized that the death was caused by wrongful action) to file a lawsuit.
In reality, there are not many reasons why you would want to wait three years to act. The only reason why people may wait to file an actual lawsuit is that they are trying to settle the case with the insurance company. Given the amount of time that the legal process takes, you would want to begin sooner.
Evidence is the key in every wrongful death case. First, you would need evidence that shows that someone else was to blame for your loved one’s death. An experienced lawyer knows how to get to work immediately to assemble your case that will show liability. Second, you would need evidence to show the effect of your loved one’s death on your family because that is the basis of your wrongful death compensation. You are trying to demonstrate the value of a life, and you would need to prove it.
Insurance companies do not care that your family is grieving or that you have suffered a tremendous loss. They only care about their bottom line and will do anything to further their interests.
Every family needs someone to stand up for them and look out for their own interests when they have lost a loved one. Otherwise, families will pay a financial price, and they may not get justice for the death of their loved ones.
Your wrongful death lawyer will handle the details of your case and allow you to focus on other important things during this difficult time.
The attorneys at Armada Law are the forceful advocates and compassionate counselors your family needs during this difficult time. We are here for you when you need us, working tirelessly to maximize your family’s financial recovery. To learn how we can help you, contact us online to schedule your free initial consultation.
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Let’s face it — you have questions.
They do not have the final say over your case. A jury decides whether you can get compensation and how much you may receive.
Yes. The civil wrongful death process is different from the criminal process. There are two different standards of proof, and you can still get money regardless of whether the defendant was or was not convicted.
The deceased person’s age and the amount of money they made are two primary factors that would determine your compensation.
Let us take you from victim to victory.