We Help Families Who Have Lost a Loved One Recover Compensation
The death of a family member or other loved one can impact your entire family. Dealing with the realization that the death of a loved one was due to someone else’s negligence or malice is an incredibly difficult concept with which to grapple. When your family relied on this person to be the primary earner and their income suddenly vanishes, the aftermath can evolve from grief to intense financial stress. No one deserves to go through this situation alone.
Fortunately, under South Carolina law, people who have a lost a loved because of someone else’s wrongful act can often recover compensation for some of the losses they have experienced. To schedule a free case evaluation with an experienced Myrtle Beach wrongful death attorney, call the Hughey Law Firm today at (843) 881-8644 or contact us online.
What Is a Wrongful Death Claim?
In the event that a negligent party caused the death of another person, a wrongful death claim can often be filed. So, what is the difference between a standard car accident claim and a wrongful death claim? When initiating a wrongful death claim, there are certain elements that will need to be present. These include, but are not limited to:
- A person has died because of someone else’s negligence or their intent to cause harm.
- The surviving members of the family are suffering financially because of the death.
- The wrongful death claim must be filed by either the administrator or executor, oftentimes called a Personal Representative, of the deceased party’s estate.
In a wrongful death case, the dependents of the family members of the victim must show that they were financially harmed as a result of the death. Typically, this means that the person who was killed was a primary earner for the family and that the family relied on this income.
Do You Believe a Negligent Party Caused a Wrongful Death?
Every day, the news reports a different slew of accidents. From someone who fell off a ladder that wasn’t constructed properly to another person who was killed by a drunk driver, it can be overwhelming to imagine the number of potential dangers that could lead to a wrongful death. A few of the common examples of a wrongful death include:
- Negligent drivers. A distracted, unsafe, or drunk driver killed someone.
- Defective products. If a product did not work as advertised, or if the manufacturer released a defective product to the marketplace, this could be cause for a wrongful death claim
- Medical malpractice. A doctor’s error can be deadly. Hospitals do not always practice safety and proper care of their patients. Often, this results in a wrongful death claim.
- Elder abuse. When an elderly person moves into a nursing home, there is a lot of weight behind that decision. Ultimately, that individual or family decided that an advanced level of care was needed. Elder abuse is a common reason to initiate a wrongful death claim. It is clear that when a nursing home abuses or neglects their residents, they are acting contrary to the purpose of their services.
Realizing that you have the makings of a wrongful death case can be difficult when you imagine that someone else’s error caused your loved one to die. After speaking with your family and the executor of the deceased party’s estate, it is advisable to contact a Myrtle Beach wrongful death lawyer to explore your options for restitution.
What Should You Expect When Going through a Wrongful Death Case?
Most people are unfamiliar with the process of a wrongful death claim until they are actually going through it. Your attorney will work to give you a proper overview of what to expect. Here are a few important pieces of information that you should know.
- There is a statute of limitations. In South Carolina, the statute of limitations to file a claim is three (3) years. This means that a claim must be filed within three (3) years or less than the date of the death.
- Damages can include the funeral cost. You might not be aware of the extent of damages you can request from the negligent party. Your attorney can advise you on the exhaustive list of compensation you should request, which can include the costs of the deceased party’s funeral.
- The executor of the deceased person’s estate must initiate the claim. Although the children and spouse will have a right to recover monetary damages, they do not initiate the suit. This must be done by the person who has been appointed the administrator or the executor of the deceased party’s estate.
When you’re facing the emotional mountain of a wrongful death case, it can be a challenge to figure out what steps to take first. Speak with an experienced and compassionate attorney at the Hughey Law Firm to determine your best course of action.
Our Firm’s Experience with Wrongful Death Cases
The process of establishing a wrongful death claim can be complicated, and when you are dealing with the loss of a loved one, this is not where you want to focus your energy and attention. The Hughey Law Firm has a strong track record of recovering monetary compensation in wrongful death cases throughout South Carolina. We are skilled and knowledgeable in this area of the law and will do our best to protect your rights to fair compensation in the event of a wrongful death.
In the past, we have worked through well over 200 wrongful death cases for clients in South Carolina. We understand both the process and the timing for filing a claim and can help advise you on the best actions to take. In addition to our experience working with clients, Nathan Hughey teaches the subject of nursing home litigation. Given his experience and knowledge, law firms throughout South Carolina frequently request for him to advise on wrongful death cases.
Speak with a Myrtle Beach, South Carolina, Wrongful Death Lawyer Now
If you believe you have a wrongful death case, speak with an attorney at the Hughey Law Firm today. We understand how painful this situation can be, and although recovering damages cannot mitigate your loss, it can put you in a financial position to take care of your family in the aftermath of a wrongful death. To schedule a free consultation with one of our Myrtle Beach wrongful death attorneys, call our office today at (843) 881-8644 or send us an email through our online contact form.