Wrongful Death Cases in Camden, SC: What Families Need to Know

February 21, 2024

The sudden and unexpected death of a loved one is a devastating experience. When that loss is compounded by the knowledge that it could have been prevented, the grief can feel even more overwhelming. In such situations, South Carolina law allows surviving family members to seek legal recourse through a wrongful death lawsuit.

Hiring a Camden wrongful death attorney is the best way of navigating the intricacies of the legal process.

Grounds for Wrongful Death Claims

As per South Carolina law, a wrongful death claim can be filed under the following circumstances:

Negligence

The primary basis for most wrongful death cases, negligence occurs when a party fails to act with reasonable care under the circumstances, and that failure directly leads to the death of another individual. Examples include car accidents caused by drunk driving, medical malpractice resulting in patient fatalities, or defective products claiming lives due to design flaws or manufacturing errors.

Intentional Act

When the death is a result of a deliberate act of harm by another, such as homicide, assault, or battery culminating in death, a wrongful death claim can be pursued.

Statutory Duty Violation

Certain regulations impose specific duties on individuals or entities. If a death occurs due to the violation of such a duty, for instance, an employer failing to comply with safety regulations leading to an employee’s death, a wrongful death claim may be valid.

Who Can File a Wrongful Death Claim?

South Carolina law designates specific individuals with the legal standing to file a wrongful death lawsuit. These include:

Surviving Spouse: The legal partner of the deceased at the time of death possesses the primary right to file a wrongful death claim.
Children of the Deceased: If there is no surviving spouse, or the spouse chooses not to pursue a claim, the biological or legally adopted children of the deceased inherit the right to file.
Parents of the Deceased: In the absence of a surviving spouse and children, the biological or adoptive parents of the deceased may hold the right to file a wrongful death claim.
Personal Representative of the Estate: If no close family members are present or choose not to proceed, the individual named as the personal representative of the deceased’s estate may initiate a wrongful death lawsuit. These people are known as the executor or administrator of the estate.

Recoverable Damages in Wrongful Death Cases

A successful wrongful death lawsuit in Camden, SC, can secure compensation for various types of damages:

Economic Damages

Quantifiable losses directly resulting from the death, including lost income of the deceased, medical expenses incurred before the death, and funeral and burial costs.

Non-Economic Damages

Compensation for intangible losses experienced by the surviving family members, such as pain and suffering, emotional distress, loss of companionship and consortium, and loss of guidance and care from the deceased.

Punitive Damages

In rare instances, particularly when the defendant’s actions are deemed exceptionally egregious or malicious, the court may award punitive damages to punish the wrongful conduct and deter future similar actions.

Key Legal Steps

Navigating a wrongful death lawsuit typically involves several key steps:

Initial Consultation: Seeking guidance from an experienced Camden, SC wrongful death attorney is crucial. Discuss the circumstances of your loved one’s death and explore your legal options.
Investigation and Evidence Gathering: Your attorney will conduct a thorough investigation, gathering evidence that supports your claim, such as accident reports, medical records, witness statements, and expert opinions.
Demand and Negotiation: The attorney will attempt to reach a settlement with the defendant’s insurance company or legal counsel, potentially resolving the case without proceeding to trial.
Filing the Lawsuit: If a settlement cannot be reached, a formal lawsuit will be filed in the Camden County Circuit Court, initiating the litigation process.
Discovery: Both parties engage in formal discovery, exchanging relevant information and evidence to prepare for trial.
Trial: If the case remains unresolved through discovery or settlement negotiations, it will proceed to trial, where a jury will hear the evidence and decide whether the defendant is liable and the appropriate amount of damages.

Critical Considerations for Camden Families

You only have three years from the date of your loved one’s death to file a wrongful death lawsuit in South Carolina. Failing to do so within this timeframe will bar your claim. Contact Connell Law for legal assistance as soon as possible.

The legal process can be emotionally taxing, so make sure to seek support from family, friends, or a grief counselor to manage the emotional aspects of your loss while pursuing legal action.

While financial compensation cannot replace your loved one, a wrongful death lawsuit can hold the responsible party accountable and provide a sense of justice, allowing you to begin the healing process.

Reach Out to a Camden, SC Wrongful Death Lawyer Today!

Choosing to pursue a wrongful death lawsuit is a significant decision. It is crucial to thoroughly understand the legal process, potential outcomes, and emotional implications involved.

Our wrongful death attorneys in Camden, South Carolina, are best suited to help you navigate this difficult process, providing with with experience in relevant cases, compassion and understanding, and superior communication skills, explaining legal complexities, keeping you informed of developments, and addressing your concerns promptly.