Losing a loved one is often one of the most traumatic experiences anyone will ever face. If you have lost a loved one due to the negligence or intentional actions of others, it can significantly compound your grief. It is natural to feel angry, confused, and distraught that your loved one’s death could have been prevented and wasn’t
At Crantford Meehan, negligence that takes another life makes us upset, too. That is why we fight hard for our clients in Charleston wrongful death cases. You should receive compensation for your terrible loss. Get a free consultation with the experienced wrongful death attorneys at Crantford Meehan to explore your legal options and get one step closer to getting the answers and justice you and your family deserve.
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At Crantford Meehan, you can rest assured that your loved one’s wrongful death case is in good hands. We have worked tirelessly to get victims of wrongful death and their loved ones the compensation they are entitled to. Negotiating with an insurance company can be challenging and stressful. Our skilled and experienced attorneys will take some of that burden off your shoulders and work to seek the settlement you and your loved ones deserve from the insurance company. In the event that we are not able to negotiate a fair settlement, our lawyers will file a lawsuit on your behalf and fight for your right to compensation in court.
If your loved one dies because of another party’s negligence, you have the option to file a wrongful death claim. In South Carolina, the executor of the deceased individual’s estate files a wrongful death claim. If your loved one did not have an estate plan, then the courts can appoint an executor.
A wrongful death claim may include compensation for:
In order to bring forth a wrongful death claim, you’ll need to be able to prove that your loved one’s death was caused by another party’s negligence or intent to cause harm, and show that the wrongful death has caused financial losses for the remaining family members.
We can’t answer your questions fully until we review the specifics of your case, but here are some frequently asked questions about Charleston wrongful death cases.
According to South Carolina law, if someone dies due to “the wrongful act, neglect, or default of another,” the deceased’s family or estate may have a wrongful death claim against that negligent person. Even though their actions caused the death, a wrongful death case is a civil case, not a criminal one.
The executor or administrator of your loved one’s estate files the wrongful death case on behalf of the family. If your loved one did not name an executor prior to their death, the court can appoint an administrator who will file the claim.
In South Carolina, those eligible to receive compensation in a successful wrongful death case might include the deceased’s spouse and children, if any. If the deceased had no spouse or children, their parents are eligible.
If the deceased died without a spouse, children, or parents, the estate files the wrongful death claim on behalf of any heirs.
If the deceased is a child, their parents may be eligible for compensation, as long as the parents did not abandon the deceased child before they turned 18. This is true even if the child is an adult at the time of death.
At Crantford Meehan, we don’t get paid until you get compensation. We represent clients on a contingency-fee basis, which means our interests are entirely aligned with yours and that of your family.
The executor must file the wrongful death lawsuit within three years from the date of the death. Some exceptions exist, so it’s important you contact an experienced Charleston wrongful death attorney right away.
In South Carolina, we must prove that the person responsible for your loved one’s death had a “duty of care.” For example, even automobile drivers have a duty of care to follow traffic laws and be responsible drivers. If someone acts negligently or recklessly instead of exercising the expected duty of care, and it caused your loved one’s death, you should contact an experienced Charleston wrongful death attorney to see if you have enough evidence for a claim.