Spartanburg Wrongful Death Lawyer
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Spartanburg Wrongful Death Lawyer
Losing a loved one can be a devastating experience, and when such a loss is due to someone else’s carelessness or malice, the pain is even more unbearable. Wrongful death cases are not mere lawsuits; they are a fight for justice for the deceased and a means of getting justice. The strain socially and financially on the family can be overwhelming and that is why this process requires legal support.
Such times call for the right wrongful death attorney in Spartanburg to help the family get justice. Our experienced lawyer will be able to explain your legal options, and the procedures involved in the process, and represent your loved one’s case in court to ensure that he/she receives the justice and compensation that is owed to him/her. The legal issues and the emotional aspects that come with wrongful death cases need professional legal assistance to be given to your case to the best of the lawyer’s abilities.
If you are in Spartanburg, SC, and dealing with the consequences of a wrongful death, contact a wrongful death attorney at Max Hyde Law Firm, a law office with comprehensive knowledge of South Carolina state law.
Max Hyde Law Firm has comprehensive knowledge of the laws of the land and approaches each case with the needed sensitivity, ensuring that you get justice and get through this trying period with ease. Contact us today at (864)-804-6330 to book a free consultation with one of our Spartanburg Wrongful death lawyers.
Wrongful Death in Spartanburg, SC
To be able to fully appreciate the various aspects of wrongful death claims in Spartanburg, one must first look at the basics of such cases.
According to South Carolina state law, wrongful death means the death of an individual due to the tort of another individual. In other words, it is a civil action that is filed by the surviving members of the deceased or the beneficiaries of the deceased against the offenders.
Common Causes of Wrongful Death
- Medical Malpractice: Errors or negligence by healthcare professionals leading to fatal outcomes.
- Car Accidents: Fatalities resulting from negligent or reckless driving, including DUI incidents.
- Workplace Accidents: Deaths occurring due to unsafe working conditions or employer negligence.
- Defective Products: Fatalities caused by dangerous or malfunctioning products that fail to meet safety standards.
- Premises Liability: Deaths resulting from unsafe conditions on someone else’s property, such as slip-and-fall accidents or inadequate security.
- Nursing Home Abuse or Neglect: Elderly residents suffering fatal injuries due to neglect, abuse, or inadequate care in nursing homes or assisted living facilities.
- Criminal Acts: Fatalities resulting from intentional harm or violence, such as assault or homicide.
Spartanburg, SC Wrongful Death Laws That You Should Know About
In South Carolina, wrongful death laws are governed primarily by South Carolina Code § 15-51-10, which outlines the legal framework for bringing a wrongful death claim. Here are the key aspects of wrongful death laws in the state.
Statute of Limitations
In South Carolina, a wrongful death lawsuit must be filed within three years from the date of the deceased’s death. Filing within this timeframe is crucial to preserving the right to pursue legal action. [1]
Eligibility to File a Claim
The legal entitlement to file a wrongful death claim in Spartanburg is usually given to the deceased’s spouse, the children, and the parents. If none of these relatives is alive, other family members or the estate personal representative can file the claim. [2]
Burden of Proof
The elements that have to be met before the legal system awards damages in wrongful death are that the death of the deceased is due to the unlawful acts or negligence of the defendant. This often entails the use of evidence, professional witnesses, and legal analysis of the case in question. The plaintiff must prove that the defendant is 100% responsible for the wrongful death.
Survival Actions
Apart from wrongful death claims, South Carolina law also permits survival actions; these are separate claims different from wrongful death and are filed on behalf of the estate of the deceased for the suffering that the deceased went through before he or she died. [3]
Modified Comparative Negligence
South Carolina adopts comparative negligence which implies that if the deceased was partly responsible for his/her death, the award money will be reduced by the degree of their fault. South Carolina’s comparative negligence law permits recovery for damages as long as the deceased is not found to be more than 50% at fault for the circumstances leading to their death. [4]
Why You Need a Wrongful Death Lawyer in Spartanburg, SC
The loss of a loved one is always a painful experience and it is even worse if that loss is as a result of the negligence or actions of another person. In such cases, there is nothing as compensation for the loss incurred through a wrongful death lawsuit that can help the family to find closure. However, the issue of wrongful death is a little bit complicated, and therefore it needs the services of a lawyer.
Having our knowledgeable wrongful death lawyer in Spartanburg is essential for several reasons:
Expertise in Local Laws and Procedures: Our attorney from Spartanburg understand the legal system of that particular state and region better than an outsider.
Handling Complex Legal Documentation and Court Proceedings: These include filing of claims, gathering of evidence, and presenting of the case amongst other factors that a wrongful death lawyer handles.
Negotiating Settlements with Insurance Companies: Insurance companies have the general goal of trying to avoid paying out as much as possible. Our experienced lawyer will be able to go ahead and deal with the insurance companies to ensure that the family is fairly compensated for their loss in terms of both, financial and emotional.
Steps to Take After a Wrongful Death in Spartanburg, SC
Taking immediate and appropriate actions can strengthen your wrongful death claim
Preserve Evidence: Gather and save any information that may be relevant to the death, such as clinical records, police reports, and statements of any witness. This also entails taking pictures of the scene of the accident, collecting and preserving any objects that may have been left behind at the scene, and every communication that may be made regarding the accident.
Obtain a Death Certificate: Obtain a certified copy of the death certificate from the local health department. This is an important paper for legal and financial-related issues.
Report the Death to Relevant Authorities: Make sure that the death has been properly documented and the information has been passed to the relevant authorities like the local police or the regulatory agencies at the workplace where the death occurred as the case may be.
Notify Insurance Companies: Notify any insurance companies of the death that may be relevant to begin the process of any claim that may be admissible.
Collecting Required Papers and Details
Prepare Relevant Documents: Collect all the insurance papers, medical expense reports, and any letters or other papers that you might have concerning the accident.
Medical and Financial Records: Gather all the receipts of the bills in the hospital, statements of accounts, and any other documents that may illustrate that the deceased was an income earner in the family.
Witness Information: Gather the list of possible witnesses who can give statements or testify as to the events that led to the wrongful death.
Autopsy Report: If the case involved an autopsy the request the report since it contains information pertaining to the cause of death.
How our Spartanburg SC, Wrongful Death Lawyers Can Help You
Spartanburg, SC wrongful death lawyers at the Max Hyde firm are committed to offering you the best legal services in this trying time. We know the pain of losing a family member because of the negligence of another person and we will never stop until you get justice. Our seasoned team, including the personal injury lawyers, will carefully examine the circumstances of death, collect all the necessary evidence, and together with the expert witnesses, we will create a solid basis for our case.
Being an experienced wrongful death law firm, our attorneys are seasoned negotiators and trial lawyers determined to protect your family. We handle insurance company interactions, to make sure that you get the compensation that you deserve for your medical bills, funeral costs, lost wages, and the loss of enjoyment of life and other intangible losses.
Call us today at (864)-804-6330 to book a free consultation with an experienced Spartanburg wrongful death attoenry and start the journey toward justice and closure for your family.
PRACTICE AREAS
OUR ATTORNEYS
Max Hyde
(864) 804-6330
Samantha Larkins
(864) 804-6330
LET'S CONNECT
Phone Number
(864) 804-6330
Email Address
max@maxhydelawfirm.com
Types of Personal Injury Claims
Car Accidents
Understand South Carolina's laws and procedures regarding car accidents to protect your rights and seek appropriate compensation
Slip and Fall Accidents
Learn about slip and fall accident laws in South Carolina to navigate your claim and hold the negligent party accountable.
Medical Malpractice
Understand medical malpractice laws in South Carolina to protect your rights and seek legal recourse for negligence.
Product Liability
Explore South Carolina's product liability laws to understand your rights and seek compensation for injuries caused by defective products
Workplace Accidents
Navigate South Carolina's workplace accident laws to understand your rights and pursue compensation for injuries sustained on the job
Dog Bites
Navigate South Carolina's workplace accident laws to understand your rights and pursue compensation for injuries sustained on the job.
Nursing Home Abuse
Understand South Carolina's nursing home abuse laws to protect loved ones and take action against mistreatment
Premise Liability
Discover South Carolina's premise liability laws to understand responsibilities and pursue compensation for injuries on another's property
Wrongful Death
Learn about South Carolina's wrongful death laws to seek justice and compensation for the loss of a loved one.
Bicycle Accidents
Understand South Carolina's bicycle accident laws to protect your rights and seek compensation for injuries sustained while cycling
Truck Accidents
Learn about South Carolina's truck accident laws to protect your rights and seek compensation for injuries sustained in truck collisions
Motorcycle Accidents
Navigate South Carolina's motorcycle accident laws to protect your rights and seek compensation for injuries sustained in motorcycle crashes.