Greenville Wrongful Death Attorney
The passing of a loved one is both an emotionally-challenging and a confusing time in one’s life. Making important decisions about the future in this time of grief seems like a mission impossible for most families. Still, whenever death occurs in an accident, it will be important to at least talk to a Greenville wrongful death attorney. Through seasoned legal assistance, the family can hold the guilty party accountable for their loss.
Working with a Wrongful Death Lawyer: Understanding the Basics
Wrongful death is a term that refers to a person who is killed in the act of negligence or misconduct on behalf of another person or entity. For a wrongful death claim to be made, a number of elements have to be present. The most important ones include the following:
- Negligence or intent to harm on behalf of another person
- Family members experiencing financial strain as a result of the death
- Death resulting from criminal behavior, a poorly supervised professional activity, occupational exposure to hazards, automobile or other transportation accidents or medical malpractice
Talking to an experienced Greenville wrongful death lawyer like those at Fulton & Barr will provide a better idea of the typical scenarios and whether it would be possible for you to obtain financial compensation.
The financial injury is the primary measure of damages in the case of wrongful death. Depending on the specifics of the situation, the family could also sue for the loss of financial support stemming from the death, medical expenses, funeral expenses and even interest counted from the date on which the death occurred. A good lawyer will also be capable of demanding financial compensation for pain and suffering, as well as punitive damages.
Preparing for the Case: Follow the Lead of Your Greenville Wrongful Death Lawyer
Wrongful death is sudden and unexpected. This is the main reason why you are not going to be prepared for the complications stemming from it. Follow the lead of your lawyer and listen to their advice. This kind of assistance will make it a little bit easier for you to cope with the stress and to get the compensation that you deserve for the massive loss.
Wrongful death lawyers have their clients going through a number of important steps in preparation for the case:
- Investigation and research: This is the first and very often, the most important part of preparing for a wrongful death case. The attorney will take a look at all of the underlying facts. As a client, you should be prepared to offer assistance when needed. Keep a file of all the information you already have acquired. Accident reports, medical bills, insurance policies and even expert testimonies will be required. You can start gathering and sorting through this information even before you hire a Greenville wrongful death lawyer. Once you partner up with the right lawyer, you will be provided with suggestions about additional types of evidence that will help prove negligence.
- Examine the potential for a pre-lawsuit settlement: Whether you are dealing with medical malpractice or a fatal workplace accident, it is possible for the other party to seek a settlement out of court. Your lawyer will advise you to pursue financial recovery through this channel. A settlement makes it easier to get compensation fast and without the costs linked to a court case. Still, you need to give your lawyer a good idea about the amount that you could potentially settle on instead of going to court. Having this discussion beforehand will give your representative leverage during the negotiation process.
- Be careful about the information you share with the rest of the world: Wrongful death claims can take a long time to complete. During this period of time, it is important to act accordingly and keep the specifics of the case a secret. Be particularly careful about the information you share on social media, even if you have tweaked your privacy settings. Even an image you posted of the deceased family member can be used against you in an attempt to discredit the severity of the accident or the other circumstances that led to their death. Your wrongful death lawyer will give you a better idea about why maintaining your privacy during the claim process is a really good idea.
- Get regular updates: Not knowing what is going on will make the process more stressful. This is why you have the right to request regular updates from your lawyer. The team that is representing you in the wrongful death case should be open and eager to answer your questions. Through open communication, you will get a better idea of the plan and the strategy that will be utilized to pursue the party that is to blame for the death of a loved one.
- Do not expect the quick settlement of the claim: While quick settlement could be possible through out-of-court negotiations, this is not the way things usually happen. Rather, you should prepare yourself for a lengthy and cumbersome process that will test your patience. The legal complexities and the numerous strategies used by insurance companies to cut losses will stand between you and the financial compensation. A good attorney will usually spend a sufficiently long time doing research to prepare for the specifics of the case and the intricacies of the relevant insurance policy.
A final thing that family members need to remember is that a fatal mistake is not always the same as an act of negligence. Even if somebody else is to blame for the death of a loved one, it may be impossible to hold that person accountable in court. Medical treatment, for example, usually comes with risks. Patients are informed of these risks. A complication that occurs on the surgical table does not mean the surgeon has been negligent or that the activities of a member of the medical team contributed to the death. A legal team will examine the circumstances and get expert opinions to find out whether an act of negligence has occurred.
Wrongful Death Laws and Statutes in South Carolina
While the specifics of a wrongful death lawsuit mentioned already apply to cases in all parts of the US, a few local provisions will potentially impact the outcome of a trial. This is why you have to hire a Greenville wrongful death lawyer. A local legal representative is familiar with all relevant statutes, which will result in a highly targeted and effective strategy.
South Carolina Code of Laws Title 15 outlines the civil remedies and procedures that apply to wrongful death cases.
According to the local statute, wrongful acts and neglect leading to death both entitle surviving family members to pursue financial compensation from the guilty party. The wrongful act or neglect leading to the death must be the same type of action for which a personal injury claim could have been filed if the deceased person had survived. To explain things in a simpler way, a wrongful death lawsuit should be seen in the same way as a personal injury lawsuit in which the claimant did not survive.
Legal action can be started by a surviving wife or husband, as well as the children of the deceased person. If the deceased person is childless and not married, parents can start a wrongful death claim.
The damages are to be determined by a jury, and the calculation is made in proportion to the injury that the family suffers as a result of the death. The amount that will be recovered in the form of compensation is to be split between the surviving family members who have the right to start a lawsuit.
Keep in mind that even if the parties involved are capable of settling out of court, the wrongful death settlement will have to be approved by a South Carolina probate, circuit or district court.
According to South Carolina regulations, the surviving family members may be entitled to getting financial compensation for several different types of damage:
- Funeral expenses
- Medical bills and hospital expenses (if the deceased person spent some time in a hospital after the accident or if the death is the result of medical malpractice)
- Lost wages and benefits
- Property losses stemming from the death
- Loss of care and companionship, stress, pain, and suffering
- Loss of the knowledge and the judgment of the deceased person
In South Carolina, wrongful death claims have to be made within three years of the deceased person’s death. Obviously, the sooner the claim is made, the better for the family. Gathering evidence and proving negligence in the months after the accident is also going to be easier.
Choosing the Best Wrongful Death Lawyer in Greenville, SC
A lot will be riding on the success of a wrongful death claim. Many families experience a massive financial blow after the unexpected death of a loved one. While the pain and suffering cannot go away through a successful claim, family members will find it easier to get back on their feet whenever a reasonable amount is paid for the negligence.
As already mentioned, wrongful death claims can be lengthy and confusing. If you are going through this process, you cannot leave the selection of a legal representative to chance. You need an experienced lawyer that specializes in the field of personal injuries and wrongful death. You can find such a legal representative at Fulton & Barr.
So, what does it take to pick the right team of Greenville wrongful death lawyers?
Doing extensive research at a time of anguish will be nearly impossible. This is why you may want to start with referrals and personal recommendations. People who have been through the same process know what it takes to build a successful claim. They will direct you to attorneys who know how to handle wrongful death cases.
Fulton & Barr was set up in 1993, and through the years, we have managed to maintain an excellent reputation. We have dozens of Greenville customers who are willing to recommend the legal team because of our experience, attention to detail, compassionate approach, and strategic thinking regarding giving our customers the best possible settlement.
Once you have a recommendation, check the experience of the respective lawyer with wrongful death cases that are similar to yours. Medical malpractice wrongful deaths have their specific factors that will need to be considered. The same applies to workplace accidents. Attorneys that specialize in the respective field can draw knowledge and information from their prior work to streamline the process and overcome some of the most common roadblocks.
You will get the most relevant information about the experience and the reputation of the chosen lawyer during the first consultation. Use this opportunity to ask your questions and discuss the aspects of the case that trouble you the most.
Listen to the information you are getting back, but you should also pay attention to the lawyer’s communication style. Are they compassionate? Do they provide relevant information to address your questions? Are complex legal terms explained in a straightforward matter? If you feel understood and comfortable in the presence of the respective wrongful death lawyer, the chances are that you have found the best possible representative.
Finally, your attorney should be committed to going the whole way. Very often, wrongful death cases settle out of court. However, it may be possible for a settlement to be impossible to reach. In such instances, you should brace yourself for a long and complex legal battle. You should have a legal representative that you can count on, for these situations.
Consult with a Wrongful Death Attorney in Greenville, South Carolina
At Fulton & Barr, we believe that no case is too small for our involvement. We welcome any challenge in the fields of personal injury or wrongful death. We have years of experience, and we know what it takes to prove negligence and follow the respective South Carolina regulations.
Our clients have a chance to learn more about us and our approach during a free initial consultation. Please do not hesitate to make use of this opportunity. Reach out to us today to tell us a bit more about your wrongful death case and to get started.
