Charleston Wrongful Death Attorneys
Helping Families Pursue Justice for Their Loved One
In South Carolina, if a person's wrongful act, neglect, or default caused another's death, that individual may be held liable for damages arising from the incident. That means that the decedent's surviving family members may pursue legal action against the person and seek to recover compensation for losses and expenses they sustained. Although no amount of money can ever erase a loved one's loss, it can help relieve some of the financial burdens, allowing the family to focus on what's important. However, wrongful death cases are complex, and pursuing a just settlement can be challenging.
At Thurmond Kirchner & Timbes, P.A., we are here to help you through your case. We know South Carolina's laws and can provide the skilled guidance you need. Our team provides compassionate legal representation and genuinely cares about the people we help. When you choose us, you can be confident that you will have a loyal advocate on your side, working hard to seek justice for you and your family.
Our wrongful death lawyers help individuals and family members in Charleston, Summerville, and the surrounding areas. Call us at (843) 790-0083 or contact us online for the legal representation you need.
Determining Liability in a Wrongful Death Case
When you bring a wrongful death claim, you must prove that the other person was liable for your loved one's death. In other words, you must demonstrate to the court that the person's actions or inactions were the reason your loved one lost their life.
Proving liability requires collecting and presenting evidence to support the claim. At Thurmond Kirchner & Timbes, P.A., we review every detail of these cases, examining records, surveillance videos, repair logs, and any other information necessary. We will work hard to prove that the at-fault party breached their duty of care and, as such, is responsible for your loved one's death.
How Do Wrongful Death Claims Arise?
An executor or administrator may file a wrongful death claim for the decedent's family when the cause of death was a wrongful act, neglect, or default.
Various situations can warrant a wrongful death case, including, but not limited to:
- Automobile accidents
- Truck accidents
- Boating accidents
- Birth injuries
- Construction accidents
- Products liability
- Medical device defects
Who May Recover Compensation?
The decedent's administrator or executor brings wrongful death cases in South Carolina. This person may be someone named in the decedent's estate or appointed by the court. Essentially, the executor files the claim on behalf of the decedent's surviving family members. Thus, although they pursue legal action, if the jury awards compensation, it goes to the family.
South Carolina Code of Laws 15-51-20 provides that wrongful death beneficiaries include the decedent's:
- Spouse or children,
- Parent or parents (if there are no surviving spouse or children)
- Heirs (if there are no surviving spouse, children, or parents)
What Damages May Be Recovered?
Damages refer to the expenses and losses the surviving family members incurred because of their loved one's accident and death.
Family members may receive compensation for the following:
- Loss of income
- Loss of companionship
- Loss of emotional support
- Funeral expenses
- Medical bills
- Pain and suffering
- Punitive damages
Because every case is unique, the amount of damages recovered in one case may differ from those awarded in another. Determining just compensation is a delicate matter and requires a thorough assessment of the situation. Our Charleston wrongful death attorneys will review your case and discuss your options for recovering damages.
Contact Thurmond Kirchner & Timbes, P.A.
If another person caused your loved one's death, you generally have 3 years to file a claim. When you call our team, we will get started on helping you through the process of holding those at fault responsible for their behavior and seeking fair recovery.