Losing a family member is never easy. You deserve time to celebrate your loved one's life, achievements, and memory. You shouldn't have to bother yourself with a complicated legal case.
If you lost a loved one to negligence, an Aiken wrongful death lawyer from our team could advocate for compensation. Morris Law Accident Injury Lawyers wants to manage your case with the compassion and sensitivity it deserves. Call now to explore your options in a free, no-strings-attached case review.
An Aiken wrongful death lawyer from our firm can do everything possible to secure the financial award you deserve. To begin your free case review, contact us now.
Legal Help for a Wrongful Death Case at No Upfront Cost
Our firm advocates for wrongful death claimants on contingency.
This means:
- You owe nothing out of pocket for our services.
- You only pay for our help when we achieve a financial award for you.
- We don't charge hourly rates or retainers.
- We finance your case's upfront costs.
Our attorneys aim to make legal aid accessible to grieving families. As noted, we also offer no-cost case reviews where you can meet our team and learn about your options.
The Time Limit for Wrongful Death Lawsuits in South Carolina
South Carolina law sets how long you have to file a wrongful death lawsuit. You generally have three years from the date of your loved one's passing to initiate legal proceedings. This deadline is critical to your case's outcome.
By filing your case within the prescribed three-year period:
- You protect your right to damages.
- You leave your options open to file a lawsuit.
- You also likely follow the liable insurer's filing deadline.
Time flies when you're grieving. Our law firm wants to make this challenging time in your life as stress-free as possible. So, when you entrust your case to our wrongful death lawyers in Aiken, we can manage every applicable deadline-including the statute of limitations.
We Advocate for Wrongful Death Claimants Following a Negligent Incident
If another party's negligence caused your loved one's passing, look no further for legal help. Morris Law Accident Injury Lawyers can manage your case's many obligations, from its initial filing to its conclusion.
We advocate for families after losing loved ones to:
- Car accidents
- Truck accidents
- Nursing home abuse and neglect
- On-the-job accidents
- Medical malpractice
- Premises liability incidents (such as slips and falls)
Our wrongful death attorneys in Aiken have previously secured financial recovery for grieving families. For example, we once secured $725,000 after a family lost their loved one to another party's negligence. Using our network of resources, years of experience, and legal insights, we hope to bring a fair resolution to your case.
The Morris Law Accident Injury Lawyers Team Gets Results
We get you the results you need and provide legal advice through the whole court process. Don't be unprepared when you could have one of the best legal teams out there to assist you. Reach out to us today to get your consultation.
The Benefits of Partnering With the Wrongful Death Lawyers at Morris Law Accident Injury Lawyers
In this time, you deserve to focus on one thing: your well-being. We want you to take the time necessary to move forward from this grievous event. While you attend therapy, spend time with loved ones, and celebrate your loved one's achievements, our lawyers can:
Evaluate Your Case
When our lawyers in Aiken take a wrongful death case, they're confident in its outcome. We may start by evaluating your claim and determining what strategy could yield fair compensation. During this period, we can explain your legal rights and options. We also create a strategy that seeks the best possible resolution.
Investigate Your Aiken Wrongful Death Case
We need evidence to assert your right to damages.
Supporting information in your case may include:
- Your loved one's medical records
- The accident/police report
- Receipts showing your economic damages and other documentation
- Eyewitness testimony
- Expert witness statements
- Any physical evidence from the accident scene
- Your loved one's income statements and death certificate
With the information we find, our team aims to prove that another party's carelessness caused your loved one to suffer fatal injuries.
Determine the At-Fault and Liable Parties
Fault and liability do not refer to the same thing in a wrongful death case. The at-fault party's actions directly caused your loved one's passing. For instance, a drunk driver who causes a fatal collision typically bears fault. However, the liable party-the one who pays for your damages-may be a different entity. So, going back to the previous example, a drunk driver could bear fault, while their insurer could bear liability.
We can use your case's evidence (such as the accident report and eyewitness testimony) to evaluate your wrongful death case's at-fault and liable party.
Calculate Your Losses
We intend to calculate your economic damages by adding all relevant billing statements and receipts. Determining non-economic damages involves more complex calculations. Here, we evaluate your overall situation to determine what you need. For example, we may consider your mental health, your loved one's role in your life, and the circumstances of the fatal accident.
File Your Insurance Claim
Our wrongful death lawyers may initially pursue compensation by filing a claim with the at-fault party's insurer. Yet, this process involves more than filling out paperwork and requesting damages.
It requires us to:
- Identify your losses
- Write and send your demand letter
- Evaluate the liable policy
- Communicate with the claims adjuster
- Recognize and counteract bad faith insurance practices
- Negotiate a settlement
File a Wrongful Death Lawsuit
You have other options outside of filing an insurance claim. For instance, if the insurer refuses to settle, we may consider filing a lawsuit. As noted, a successful lawsuit requires us to file your case within the statute of limitations.
We must also:
- Take depositions
- Cross-examine the other party's witnesses
- Demonstrate the cause of your loved one's passing
- Present your damages' cost
- Adhere to courtroom protocol
- Object to unfair motions
- Challenge allegations of fault
Above all else, our team hopes to stand beside you as your legal support system. That's why we make ourselves available to address your questions and concerns.
Compensable Losses in an Aiken Wrongful Death Case
Financial recovery can't undo your grief. However, it can bring you a sense of justice and closure in the aftermath of your loved one's passing. It could also offer much-needed financial relief for various expenses and hardships. Your compensable losses generally fall into two categories: economic and non-economic damages.
Here's what to know about both:
Economic Damages Account for Financial Losses
Our attorneys can evaluate your damage-related invoices, billing statements, and receipts to pursue your economic losses.
These damages reflect the money you spent (or may need to spend) on various expenses, including:
- Your loved one's final healthcare expenses. Your loved one may have required hospitalization, medications, and palliative care before passing. Compensation could account for these costs.
- Lost income. We can seek damages for the income your loved one would have made in the future. We may also seek recovery for your lost income if you missed work following your loved one's passing.
- Funeral and burial costs. You deserve to lay your loved one to rest without financial concerns. The Federal Trade Commission (FTC) notes that even simple funerals can cost thousands of dollars.
- Mental health services. You may suffer anxiety, depression, and post-traumatic stress disorder (PTSD) in the aftermath of your loved one's passing. Compensation can't undo your grief-but it can make seeking therapy and other services easier.
You may have other out-of-pocket expenses related to your loved one's passing. We intend to seek reimbursement for those losses through a wrongful death claim or lawsuit.
Non-Economic Damages Reflect Your Personal Hardships
Your compensable losses go beyond your financial losses. They can also account for the emotional hardship of losing a loved one.
Recoverable damages comprise:
- Pain and suffering. This expense pays for the emotional and physical suffering your loved one experienced before their passing. It can also account for your suffering.
- Loss of companionship and care. We extend our condolences if you lost a spouse. Loss of companionship intends to pay for the loss of your loved one's protection and guidance.
This isn't a complete list of recoverable damages following a wrongful death in Aiken. Your compensable losses follow from your specific situation. You can learn more about recoverable damages during a free case review with our injury lawyers.
How Can I Support My Wrongful Death Case in Aiken?
We know you want a swift, positive outcome to your wrongful death case. Some considerations that could ease the claims process include:
Leave All Case-Related Communications to Your Attorney
Your phone may ring off the hook after losing a loved one. The insurer may call, asking you for a recorded statement. The at-fault party may even contact you directly, hoping to resolve your case without any legalities involved. These communications can quickly overwhelm you in a time of grief.
That's where our team lends a helping hand. When it comes to your case's phone calls, emails, and text messages, leave them to us. They're nothing we can't handle. This can give you much-needed time to focus on your well-being while we advocate for what you need.
Limit What You Share on Social Media Forums
Wrongful death cases are serious matters. As such, the other party may do everything possible to dispute liability. The claims adjuster may even peruse your social media accounts, looking for anything that could work to their advantage.
Regarding your wrongful death case, limit what you share online. Nobody needs to know about your case's intimate details except you, your immediate family, and your legal team. In addition, limiting what you share online gives the insurer less opportunity to challenge your case.
Refer Settlement Offers to Morris Law Accident Injury Lawyers
The insurer may call immediately after your loved one's passing, offering compensation. This may seem like a convenient way to resolve your case. Yet, chances are, the insurer's first offer doesn't fully account for your hardships. Accepting the first offer could leave you with out-of-pocket expenses.
After evaluating your wrongful death case, your lawyer understands what constitutes a fair settlement. They can also assess any offers from the insurer and determine whether they meet your needs. Remember: once you accept compensation from the insurer and sign a waiver of liability, your case ends-preventing you from seeking further damages if the need arises.
FAQs About Wrongful Death Cases in Aiken, South Carolina
Our wrongful death lawyers frequently get these questions from claimants in situations similar to yours:
Who Can File a Wrongful Death Case in South Carolina?
South Carolina law notes that the decedent's personal representative can initiate legal proceedings. They do so for the benefit of various family members. Sometimes, the personal representative is a family member. Other times, it's a business partner or longtime friend. We can determine your loved one's personal representative and explain your financial recovery options.
How Much Can I Recover via a Wrongful Death Action?
Your recoverable damages (along with their values) depend on many aspects of your situation. Our lawyers aim for the best possible resolution-meaning we can seek every dollar you're owed. Our calculations account for your past, present, and future needs. We leave no damage unaccounted for in our fight for damages.
What if My Loved One's Passing Stemmed from a Criminal Act?
Morris Law Accident Injury Lawyers advocates for families who lost loved ones to criminal acts, such as drunk driving. In this situation, you can file a civil lawsuit against the at-fault party to seek damages. The at-fault party may face criminal charges-yet, this would not yield compensation for your losses. Those proceedings are separate from any civil action you take. However, the other party's conviction could serve as valuable evidence in your case.
How Long Does It Take to Get Compensation
The progression of your wrongful death case depends on many factors, including the insurer's willingness to settle and the availability of supporting evidence. We know you want financial recovery as soon as possible. Your lawyer can combat any challenges that keep your case from moving forward.
Begin Your Free Case Evaluation With Morris Law Accident Injury Lawyers
Our wrongful death lawyers serving Aiken can only imagine what you're going through right now. We want to guide you through the claims process so you can focus on healing. To learn about partnering with our South Carolina injury firm, call us today or reach out to a Aiken personal injury lawyer.
We can answer any questions you have about pursuing legal action and anything else related to your claim. Contact us today at (803) 470-4444.
