Losing a loved one unexpectedly is one of life’s most painful and traumatic experiences. Not only can the emotional void feel overwhelming, but the sense of injustice can be immense if the death occurs due to someone else’s wrongdoing. To make matters worse, surviving family members can often experience sudden and devastating financial hardship as a direct result of their loved one’s death.
A wrongful death claim can help families achieve a sense of justice and recover the compensation they deserve. The compassionate Georgetown wrongful death lawyers of Jebaily Law Firm have extensive experience handling claims for bereaved families. We are ready to fight for you, too.
Call us today or contact us online for a free consultation with a wrongful death lawyer in Georgetown, South Carolina.
Why You Need Our Georgetown Wrongful Death Attorneys
Filing a wrongful death claim in South Carolina is a logistically and emotionally challenging process. It requires a thorough knowledge of the state’s tort laws, sharp negotiation skills, and familiarity with local courts and judges.
The legal team at Jebaily Law Firm has all these qualities and more. By working with a Georgetown wrongful death attorney from our firm, you can trust that we are handling all the legal heavy lifting so you can focus on healing from your loss.
What Is a Wrongful Death Case?
A wrongful death case is a civil lawsuit that can be filed when a person dies due to someone else’s negligent or intentional actions. The claim seeks compensation for surviving family members who suffer financially and emotionally from the tragic loss of their loved one.
The wrongful death lawsuit alleges that the defendant’s reckless behavior or negligence was a direct cause of the accident that killed the victim. For example, a drunk driver may cause a fatal car collision, or a property owner may fail to fix a dangerous hazard that leads to a deadly slip and fall. If the case succeeds, the at-fault party must pay compensation to the surviving family members.
Our experienced wrongful death attorneys can work to protect your rights and help you pursue full and fair compensation.
Common Accidents that Result in Wrongful Death in Georgetown
Many types of accidents can lead to a loved one’s untimely death, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents and other premises liability cases
- Construction accidents
- Medical malpractice
- Nursing home abuse and neglect
- Product liability
- Dog bites
Whatever the cause, you deserve an experienced legal team who will fight for the justice you deserve.
Who Can Bring a Wrongful Death Case to Recover Compensation?
According to South Carolina law, only the executor or administrator of a deceased person’s estate can initiate a wrongful death claim on behalf of the deceased’s:
- Surviving wife or husband
- Child or children
- Parent or parents
- Heirs (as defined by South Carolina intestacy law)
What Happens in a Georgetown Wrongful Death Lawsuit?
If negotiations with the insurance company fail to result in a settlement that provides fair compensation, a wrongful death lawsuit may be necessary. This legal action involves filing a complaint to initiate legal proceedings in civil court.
A wrongful death lawsuit seeks to prove that the defendant’s negligent or intentional actions directly caused your loved one’s death. Your Georgetown wrongful death attorney can gather evidence, take depositions, interview witnesses, and consult experts to build the strongest case possible.
Part of the lawsuit process is called “discovery.” During this part of the suit, the parties exchange information and documentation so that each side gains an understanding of the other party’s case. Sometimes, information comes to light that reveals a settlement might be the best way for one side or the other to conclude the case.
Settlement negotiations may continue throughout the pre-trial period. If they are unsuccessful, the case will go to trial.
What Are Common Damages in a Wrongful Death Case?
Some of the typical types of compensation sought in a South Carolina wrongful death claim include money for:
- Funeral and burial costs
- Medical expenses related to the accident and death
- Loss of income, benefits, and retirement contributions
- Loss of services, protection, care, and companionship
- Pain and suffering of the deceased before death
- Mental anguish and grief of surviving family members
- Punitive damages in cases of recklessness, malice, or willfulness
Our Georgetown wrongful death attorneys can thoroughly calculate all past and future losses to seek full and fair compensation for you.
What Options Are Available After a Workplace Death in Georgetown?
If your loved one died due to a workplace accident or occupational hazard in Georgetown, you may have both a workers’ compensation claim and a wrongful death lawsuit available.
Workers’ compensation provides death benefits to surviving dependents, covering burial costs and partial wage replacement. However, damages are capped and don’t include compensation for the pain and suffering of the deceased or the surviving family. If a non-employer third party was responsible for the accident that led to the death, a wrongful death suit against the negligent third party may be warranted.
What Is the Deadline for Filing a Wrongful Death Claim in Georgetown?
South Carolina’s statute of limitations for wrongful death stipulates that a claimant typically has three years from the decedent’s death to file a lawsuit against the at-fault party. However, exceptions may apply in some cases, so you should always consult with an attorney as soon as possible. Failure to initiate legal proceedings within the statutory timeframe would likely result in losing your right to compensation.
How Jebaily Law Firm’s Wrongful Death Lawyers Can Help
The attorneys at Jebaily Law Firm understand that nothing can ever truly make up for losing a loved one. However, we also believe in justice. You should not have to suffer financially when someone else’s negligence has taken away a beloved family member.
Our attorneys can optimize your chances of receiving the maximum recovery in your wrongful death claim by:
- Conducting a thorough investigation of the incident leading to your loved one’s death
- Determining the identities of all liable parties
- Calculating the full value of your losses
- Negotiating aggressively with the insurance company
- Taking the at-fault parties to court, if necessary
With our legal team on your side, you can rest assured that you have a dedicated advocate who is committed to achieving the results you deserve. Contact our offices today for a free consultation to learn more about how we can help you.