When individuals or entities behave carelessly, recklessly, intentionally, or otherwise wrongfully, serious accidents and fatal injuries may occur.
If you recently lost a loved one in one of these occurrences, the experienced Charleston wrongful death lawyers at Morris Law Accident and Injury Lawyers are ready to help. First, we can evaluate your circumstances and determine your eligibility for filing a wrongful death claim or lawsuit. Additionally, we can handle every step of the legal process for you and work to secure the justice and compensation you and your family need.
Please contact us online today for a free case evaluation with an experienced and compassionate Charleston wrongful death attorney.
Charleston Wrongful Death Guide
- Why Should We Help With Your Charleston Wrongful Death Lawyer?
- How Much Is My Charleston Wrongful Death Case Worth?
- Common Locations for Charleston Wrongful Death Accidents
- Types of Accidents that Can Lead to Wrongful Death in Charleston
- How to Legally Prove a Wrongful Death Case in Charleston
- Fighting the Insurance Company after a Wrongful Death Accident in Charleston
- Steps to Take after a Wrongful Death Accident
- Talk with a Knowledgeable Charleston Wrongful Death Attorney Today
Why Should We Help With Your Charleston Wrongful Death Lawyer?
The skilled Charleston wrongful death attorneys at Morris Law Accident and Injury Lawyers understand the pain and frustration that accompanies the sudden loss of a close loved one. Our legal team can aggressively fight for your rights and pursue the compensation and justice you and your family deserve. If the insurance company refuses to make a fair settlement offer, we are not afraid to litigate your case in the state court system.
Our experienced legal team members limit the number of cases they take on each year. Therefore, our lawyers can approach your wrongful death claim or lawsuit with full, individualized attention.
You can review some of our most recent client testimonials by clicking here.
Our office currently has locations in Myrtle Beach, Aiken, Murrells Inlet, and Columbia. Let us seek the compensation you need in your wrongful death case.
How Much Is My Charleston Wrongful Death Case Worth?
Determining the value of a wrongful death case in Charleston can be complex and depends upon various factors. You must consider the specific details of your situation to determine the value of your wrongful death case. Factors such as the age and earning potential of the deceased individual, their role within the family, and the extent of the negligence or misconduct involved will all play a role in assessing the compensation.
First, you should consider economic damages. These are tangible losses that can be calculated precisely. They include medical expenses related to the deceased’s final injury or illness, funeral and burial costs, and the deceased’s lost income and benefits.
Then, there are non-economic damages, which are more subjective but equally important. These encompass the emotional suffering, pain, and loss of companionship that you and other surviving family members experienced. While these damages are harder to quantify, these damages are still significant in reflecting the true effect of your loss.
In some cases, punitive damages may also be available. These punish the responsible party for their reckless, willful, or intentional actions, and to deter similar behavior in the future. However, punitive damages are less common and can vary greatly depending on your case circumstances.
In South Carolina, wrongful death cases are governed by specific laws and statutes, so it is highly recommended that you consult an experienced attorney who regularly handles these cases. At Morris Law Accident and Injury Lawyers, we can provide valuable guidance and support throughout the legal process, ensuring that you receive fair and just compensation for your loss.
While no amount of money can ever truly compensate for the loss of a loved one, pursuing a wrongful death case can help provide financial stability and support for yourself and other surviving family members during this difficult time. By seeking justice and holding the responsible parties accountable, you can also help prevent similar tragedies from occurring in the future.
Common Locations for Charleston Wrongful Death Accidents
In Charleston, wrongful death accidents can occur in various locations, each presenting its own set of challenges and risks. Some of the most common locations for fatal occurrences include:
- Local Roads and Highways – Traffic accidents, including car crashes, motorcycle collisions, and pedestrian fatalities, are among the leading causes of wrongful death in Charleston. High traffic volumes, speeding, distracted driving, and impaired driving contribute to the dangers on the roads.
- Dangerous Workplaces – Certain industries, such as construction, manufacturing, and maritime, pose inherent risks to workers. Accidents involving falls, heavy machinery, toxic exposure, and other workplace hazards can tragically result in wrongful death cases.
- Medical Facilities – Medical malpractice can also lead to fatal outcomes for patients. Errors in diagnosis, surgical mistakes, medication errors, and inadequate patient care are among the factors that may contribute to wrongful death claims against healthcare providers and facilities.
- Public Spaces – Negligence in maintaining public spaces, such as parks, recreational areas, and sidewalks, can lead to fatal accidents. Slip and fall incidents, drownings, and other accidents resulting from poorly maintained premises may give rise to wrongful death lawsuits.
- Nursing Homes – Elder abuse and neglect in nursing homes can have devastating consequences, including wrongful death. Failing to provide adequate care, prevent falls, or address medical emergencies promptly can lead to fatal outcomes for vulnerable residents.
- Private Residences – Accidents occurring in private homes, apartments, or rental properties can also result in wrongful death claims. These may include fires, carbon monoxide poisoning, or property maintenance issues.
- Recreational Areas – Boating accidents, swimming pool drownings, and other incidents in recreational areas, especially during tourist seasons, can lead to tragic fatalities. Negligence in providing safety measures or supervision may contribute to these accidents.
If you recently lost a family member in an occurrence at one of these locations, the Charleston wrongful death attorneys at Morris Law Accident and Injury Lawyers will thoroughly evaluate your case and determine your legal options moving forward.
Types of Accidents that Can Lead to Wrongful Death in Charleston
Wrongful deaths in Charleston often stem from various occurrences due to others’ negligence:
- Car Accidents – One of the leading causes of wrongful death in Charleston is car accidents. These tragedies often occur due to factors like speeding, distracted driving, drunk driving, or failing to obey traffic laws. Collisions can result in fatal injuries to drivers, passengers, pedestrians, or cyclists who are involved.
- Medical Malpractice – Negligence by healthcare providers can also lead to wrongful death cases. Mistakes in diagnosis, surgical errors, medication errors, or inadequate patient care may result in fatal outcomes for patients. Victims and their families may pursue legal action against responsible medical professionals or institutions, including hospitals and nursing homes.
- Workplace Accidents – Charleston’s diverse industries, including construction and maritime, present workplace hazards that often lead to fatal accidents. Falls, electrocutions, machinery accidents, and exposure to hazardous substances are among the common causes of wrongful deaths in the workplace.
- Nursing Home Abuse and Neglect – Elderly residents in nursing homes may suffer from neglect, abuse, or inadequate care, leading to wrongful death. Failing to provide proper medical treatment, prevent falls, or address hygiene and nutrition needs can result in fatal consequences for vulnerable residents.
- Premises Liability Incidents – Property owners have a duty to maintain safe premises for visitors. Negligence in addressing hazards like slippery floors, inadequate lighting, or defective structures can lead to fatal slip and fall accidents or other incidents resulting in wrongful death.
At Morris Law Accident and Injury Lawyers, we can file a timely wrongful death claim or lawsuit against the at-fault party and pursue the compensation you and your family deserve.
How to Legally Prove a Wrongful Death Case in Charleston
Successfully establishing liability and damages in a Charleston wrongful death case involves proving several key elements, including all of the following:
- Duty of Care – The first step is to establish that the at-fault party owed the deceased a legal duty of care. This duty varies depending on the parties' relationship and the incident's circumstances. For example, healthcare providers owe a duty of care to their patients, while drivers owe a duty of care to other motorists, pedestrians, and cyclists.
- Breach of Duty – Once a duty of care is established, the wrongful death claimant must show that the defendant breached that duty through their actions or failure to act. This breach typically involves negligence, such as reckless driving, medical errors, workplace safety violations, or inadequate property maintenance.
- Causation – The wrongful death claimant must also show that the defendant’s breach of duty directly caused the victim’s death. This requires demonstrating that the defendant’s actions or negligence were a substantial factor in the fatal outcome.
- Damages – Wrongful death claims seek compensation for damages that surviving family members suffered as a result of the victim’s death. These damages may include economic losses such as medical expenses, funeral costs, and loss of financial support, as well as non-economic damages like pain and suffering, loss of companionship, and emotional distress.
- Legal Standing—In South Carolina, only certain individuals are eligible to bring a wrongful death claim. Typically, this includes the deceased's surviving spouse, children, or parents. If the deceased did not have any surviving family members, a personal representative of the estate may bring the claim on behalf of the estate and any beneficiaries.
Thorough documentation, witness testimony, expert opinions, and other evidence can be necessary to legally prove these elements. At Morris Law Accident and Injury Lawyers, we can gather the evidence necessary to successfully prove your wrongful death claim or lawsuit, increasing your chances of recovering favorable compensation.
Fighting the Insurance Company after a Wrongful Death Accident in Charleston
Fighting the insurance company on your behalf in a wrongful death claim or lawsuit requires a strategic and diligent approach. At Morris Law Accident and Injury Lawyers, here’s how we can advocate for you:
- Thorough Investigation – We will conduct a comprehensive investigation into the circumstances surrounding the wrongful death, gathering evidence such as accident reports, medical records, witness statements, and expert opinions to build a strong case.
- Skilled Legal Representation – Our team includes experienced attorneys who successfully handle wrongful death cases. We leverage our legal knowledge and resources to navigate the complexities of insurance negotiations and litigation, ensuring that your rights are protected every step of the way.
- Negotiation Skills – We negotiate with the insurance company on your behalf, advocating for fair and just compensation for your losses. Our goal is to reach a favorable settlement that adequately addresses your financial and emotional needs.
- Litigation Strategy—If a fair settlement cannot be reached through negotiation, we will take your case to court. We develop a strategic litigation plan and present a compelling argument before the judge and jury to secure the maximum compensation possible.
- Compassionate Support – Throughout the legal process, we provide compassionate support and guidance to you and your family. We understand the emotional toll of losing a loved one and strive to ease your burden by handling all legal aspects of your case with care and empathy.
Steps to Take after a Wrongful Death Accident
Taking the right initial steps is crucial for building a strong case in a wrongful death case. Here are some key actions to consider:
- Consult with a Charleston Wrongful Death Attorney – At Morris Law Accident and Injury Lawyers, we understand the state’s laws and legal procedures. We can provide valuable advice on your rights, assess the strength of your case, and outline the next steps to take.
- Gather Medical Records and Documentation – Collecting your deceased loved one’s medical records, accident reports, and any other relevant documentation related to the incident is important. These records can provide important evidence to support your claim and help establish liability and damages.
By taking these important first steps, you can set the groundwork for a successful wrongful death claim and pursue justice for your loved one.
Talk with a Knowledgeable Charleston Wrongful Death Attorney Today
If you recently lost a family member due to another person’s negligent or wrongful act, always consult an experienced wrongful death lawyer right away. The skilled legal team at Morris Law Accident and Injury Lawyers can represent you throughout every stage of the insurance claim and litigation process. We will do everything possible to maximize your overall compensation award and pursue the justice you and your family need.
For a free case evaluation and legal consultation with a skilled and compassionate Charleston personal injury attorney, please contact us online right away at (843) 466-4444. We know this is a difficult time, and we aim to make it easier for your family.
