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Wrongful Death Attorneys in Charleston
When wrongful death leaves families emotionally shattered and financially burdened, we help fight for justice.
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What Damages Am I Entitled to After My Loved One's Wrongful Death?
Speaking of damages, you may be able to recover medical expenses incurred before your loved one's passing, funeral and burial costs, lost wages and benefits that your loved one would have earned, loss of companionship, and potentially punitive damages if the at-fault party was particularly negligent. Keep in mind that the specific damages you may be entitled to will depend on the nature of your case, which is why it's always advisable to let a wrongful death expert from our team review your case for free.
Who Can Legally File a Wrongful Death Lawsuit in Charleston?
In Charleston, wrongful death lawsuits are usually filed by the executor of the deceased's estate. This can be a family member like a spouse, parent, or child. While the executor files the lawsuit, any awarded damages are typically for the benefit of the deceased's immediate family members.
How Long Do I Have to File a Wrongful Death Lawsuit in Charleston?
The time limit, or statute of limitations, for filing a wrongful death lawsuit in Charleston is generally three years from the date of death. Note that missing this deadline can bar you from filing a lawsuit against the other party, even if you have a valid case.
Can I File a Wrongful Death Claim if My Loved One Was Partially at Fault?
Yes, you can still file a wrongful death claim in Charleston and throughout South Carolina, even if your loved one was partially at fault. That's because South Carolina follows a modified comparative negligence rule, meaning compensation can be awarded as long as your loved one was not more than 50% responsible for the incident. However, the total compensation will be reduced by their percentage of fault.
What Should I Look for in a Wrongful Death Attorney in Charleston?
You need an attorney with a proven track record of handling similar cases. They should also have access to powerful legal resources to build a strong case and take on the other side on your behalf. While at it, make sure you read their reviews or, if applicable, research the reputation of the law firm they work for. This should give you a better understanding of what to expect when you hire them to represent you.
Contact a Morgan and Morgan Wrongful Death Expert
Wrongful death is a complex area of personal injury law mainly because it comes with serious consequences for those responsible. For this reason, the attorney or law firm you choose to represent you can either make or break your case.
Do not jeopardize your claim —let America's largest injury firm fight for you. Contact us today to get started.