There is no compensation that can fully make up for the tragic loss of a loved one’s life, but you do have options for holding the liable party financially accountable if their negligent actions lead to the wrongful death of your family member. Whether your loss was a result of a motor vehicle accident, premises liability incident, or any other act of negligence, your Sumter wrongful death lawyer can help you recover the damages you deserve and feel a sense of justice after the untimely passing of a loved one.
We at McCall Law will leverage our experience in personal injury, auto accidents, and premises liability cases when helping you navigate your wrongful death claim. Contact our experienced injury lawyers today and learn more about what to expect after experiencing a wrongful death in Sumter, SC.
What Can a Sumter Wrongful Death Lawyer Do for You?
You have enough to worry about when coming to terms with the emotional, mental, and financial turmoil that comes with losing a family member. Your Sumter wrongful death attorney can take on some of the burdens for you by providing professional and personalized support throughout the process.
Our Sumter wrongful death lawyers take on an investigative role in determining how much compensation you are due by carefully examining the circumstances surrounding your loved one’s death. We can then evaluate all possible options for pursuing a wrongful death claim and provide guidance as you decide how you would like to proceed with the case.
To ensure the best chance of success in your case, it is a good habit to organize and maintain all records pertaining to the death of your family member. This includes any accident reports, medical information, and the death certificate itself. Your legal team can be a constant source of support in keeping these records and advocating for you in obtaining difficult-to-access information.
What Types of Wrongful Death Cases Do We Handle?
Wrongful death can occur in any situation where negligence might be at play. If another party or individual directly or indirectly causes the death of your loved one either due to blatant negligence or failure to uphold their duty of care, then you likely have solid grounds for pursuing a wrongful death claim. Our Sumter wrongful death lawyers can handle types of cases including, but not necessarily limited to:
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian collisions
- Bicycle crashes
- Slip and falls
- Swimming pool drownings
If you are unsure if the death of your loved one is eligible for a wrongful death claim, please contact us at McCall Law to learn more about what we can do to help you achieve peace of mind.
Who Can File a Wrongful Death Lawsuit?
Most states outline a process for filing a wrongful death claim allowing for the deceased’s surviving family members or other beneficiaries to initiate the lawsuit. South Carolina law, however, specifies that only the executor of the deceased’s estate may file a wrongful death lawsuit.
An executor is an appointed individual responsible for carrying out the terms of a testator’s will. In most cases, a person who writes a will includes an executor assignment within the document itself. If the will does not specify an executor, or if the deceased does not have any will whatsoever, then the courts may assign the role to a suitable individual.
Once an individual assumes the role of executor, either in accordance with the deceased’s will or by court assignment, then that person may file a wrongful death lawsuit in South Carolina. Any damages recovered as a result of a wrongful death case will still go to the deceased’s surviving family members, regardless of whether the executor bears any familial relation to the deceased.
How Does a Wrongful Death Claim Work?
The process that follows the filing of a wrongful death claim starts with proving fault in the incident. This typically entails establishing that the at-fault party was negligent in upholding their duty of care to your deceased loved one or to the public at large. Your Sumter wrongful death lawyer can be a valuable ally in investigating the actions of the negligent party and discovering evidence definitely showing that they were acting recklessly, carelessly, or otherwise negligently.
One other important consideration regarding the workings of a wrongful death claim is the statute of limitations. This refers to the deadline by which you must begin the filing process in order to retain your legal rights of pursuing compensation for your loved one’s death.
The statute of limitations for a wrongful death case in South Carolina is three years following the date of passing, after which the court will no longer hold the necessary jurisdiction to punish the faulty individual or demand that they pay compensation to the victimized family.
Throughout your wrongful death case, a Sumter wrongful death lawyer can handle the complicated and burdensome tasks of negotiating with the at-fault party or their insurance companies, as well as representing your interests both in and out of the courtroom.
What Damages Are Available From a Wrongful Death Claim?
The end goal in filing a wrongful death claim is to hold the liable parties financially accountable for their actions and to ensure that you and your family members receive the compensation you rightfully deserve after suffering such a tragic loss. This compensation comes in the form of recoverable damages as a result of:
- Medical expenses
- Funeral and burial expenses
- Loss of wages or lifetime earnings
- Pain and suffering
- Loss of companionship
- Quality of life degradation
- Property damage, if applicable
There may be other additional forms of damages that you can recover in your wrongful death case. Your attorney can help you navigate all possible avenues of compensation that you can pursue from the party responsible for your loved one’s passing.
Contact a Sumter Wrongful Death Lawyer Today
At McCall Law, no claim is too big or too small. The bottom line is that you deserve justice and peace of mind when negligence leads to the wrongful death of your loved one. Don’t let a claim keep you in pain; call McCall at 843-279-8148 for a consultation with a Sumter wrongful death lawyer today.