How long does a wrongful death case take to resolve?
Every case is different. Some claims are resolved through settlement in months, while others proceed to trial and take longer. An attorney can give your family a clearer picture once the facts of the case are evaluated.
What if the responsible party does not have enough insurance?
An attorney will investigate all available sources of recovery, which may include the at-fault party’s insurance, umbrella policies, employer coverage in cases involving commercial vehicles, or underinsured motorist coverage depending on the situation.
Does South Carolina cap wrongful death damages?
South Carolina does not currently cap compensatory damages in most wrongful death cases. Punitive damages, however, are subject to certain limitations under state law. One of our attorneys can explain how these rules apply to your specific situation.
Can a wrongful death claim be filed if a criminal case is also pending?
Yes. A wrongful death claim is a civil matter, separate from any criminal prosecution. The outcomes of criminal proceedings do not prevent a family from pursuing a civil claim, and the standards of proof are different in each proceeding.