If you’ve lost a loved one due to the negligent actions of another party, contact a Columbiapersonal injury attorney and Columbia wrongful death lawyer with the Goings Law Firm, LLC as soon as possible. Not only will pursuing a wrongful death lawsuit help to give you a sense of justice, but the potential for financial compensation can also help you pay for funeral costs and future expenses. They can also keep you on your feet during such a traumatic period. If a negligent party contributed to the wrongful death of your loved one, they deserve to pay.
The Columbia wrongful death attorneys with the Goings Law Firm, LLC are incredibly qualified to work for you during this time. We have many years of experience as a team of experienced wrongful death lawyers. We also have several awards that prove our dedication to helping people through their worst days. Our results are excellent, and testimonials are glowing. We have the experience and knowledge of legal proceedings in Columbia needed to help you seek justice after the death of a loved one.
The compassionate team is here to fight for you. Contact us at [phone number linked=true] to begin working on your case. You deserve justice and peace of mind; let the Goings Law Firm, LLC fight for it!
Most Common Causes of Wrongful Death
There are quite a few circumstances that can lead to the wrongful death of a loved one. The Goings Law Firm, LLC team helps both those injured and the families of those killed in several personal injury practice areas. They are as follows:
Auto Accidents
In the worst of car accidents, death is a common outcome. Many of our clients are the families of those killed in car accidents.
Motorcycle Accidents
Motorcycles can be one of the most dangerous vehicles to drive since they don’t provide the same protection as a regular car. Accidents involving motorcycles can be particularly traumatic.
Truck Accidents
Due to their large size, trucks can cause quite a bit of damage against even the sturdiest of vehicles. Victims of truck accidents are often harmed more than the driver of the truck.
Medical Malpractice
We tend to trust doctors with our lives. They are meant to keep us healthy and prevent death, after all. Death due to medical malpractice is all the more traumatic because of this.
Nursing Home Abuse and Neglect
Even though we vet nursing homes mercilessly to find the perfect place for our elders, nursing home abuse is an unfortunately common event in America.
Defective Products
Products are supposed to be carefully evaluated before they reach the shelves. When companies fail to do this to save a quick buck, innocent lives are lost.
Construction Accidents
Construction is one of the most dangerous jobs in the nation. When untrained or given faulty equipment, the job becomes all the more hazardous.
This is not a complete list of cases we’ll take on in the event of a valid wrongful death claim, so contact us with your story, and we’ll be able to set up a free consultation to discuss the specifics of your case.
Who can file a wrongful death claim?
The law in South Carolina allows wrongful death actions only to be brought by the executor or administrator of the deceased person’s estate. Generally, the executor or administrator usually brings the action. This is made on behalf of one of the deceased’s estate or surviving family members.
Three classes of family members may be entitled to compensation in a wrongful death lawsuit. A spouse or child of the deceased is the most common surviving family member for which a wrongful death lawyer seeks compensation. However, if the deceased has no spouse or child, then the parents may be entitled to recovery. Further, if there are no surviving spouses, children, or parents of the deceased, then the other “heirs at law” of the deceased may be entitled to compensation. An heir at law is a person who has a right of inheritance in the real property of the deceased when the deceased dies with no will. In these situations, the law requires the probate court to follow a very specific line of succession.
What forms of compensation may I be entitled to?
Now that you have understood who may file and recover in a wrongful death lawsuit, what kind of damages are you entitled to under South Carolina law? Firstly, note that damages awarded in wrongful death lawsuits are for the purpose of compensating. This is not only for the deceased family’s current financial and emotional costs but for future financial and other emotional distress and costs as well. The damages available to a wrongful death plaintiff include:
- Expenses related to funerals and burials
- Medical expenses
- Lost wages, including any lost future earnings
- Lost benefits
- Damages for the pain and suffering of the deceased’s family members
- Damages related to mental anguish
- Loss of care or companionship
- Property damages
In addition, punitive damages are another form of damages a plaintiff may be entitled to recover. Punitive damages are those which are meant to punish the defendant. Punitive damages may be available in situations involving wrongful death. This applies when the conduct of the defendant results in a fatal accident or if the wrongful death was reckless or intentional. You may also hear these damages referred to as exemplary damages.
Wrongful Death Statute of Limitations
According to the South Carolina Code, a wrongful death lawsuit must be filed by the appropriate executor or administrator within three years of the deceased’s death. There is one caveat, however, in wrongful death claims and lawsuits involving medical malpractice. In medical malpractice cases, the action must be filed within three years of the injury-causing death. Alternatively, you can file within three years of when the injury-causing death was or should have been, discovered.
Regardless of how long the statute of limitations allows you to wait to file your wrongful death claim, meet with an attorney, and get the process started as soon as possible. Sometimes, individuals or businesses only hold on to relevant documents and other information for a certain period of time. You don’t want the crucial evidence in your case to be lost due to a technicality. Start the process as early as possible to ensure your attorney can retrieve all documents necessary to strengthen your case.
Frequently Asked Questions About Wrongful Death Cases
A wrongful death case is emotional and painful. No one expects to suddenly lose a loved one. It’s especially painful to lose someone through a reckless act that could have been prevented. At Goings Law Firm, LLC, our compassionate attorneys understand how devastating this time is, and we will work with you to resolve your case swiftly. Here are answers to some of the questions we are frequently asked about wrongful death cases:
How is my wrongful death case different from a criminal case?
Criminal charges can only be levied by a district attorney, whereas your case is filed in civil court. The criminal proceedings determine whether or not the defendant is guilty and, if so, how they should be punished. In your case, your Columbia wrongful death lawyer will seek damages from the other party. This can help you and your family work toward recovering from the trauma you have just suffered. The criminal case should not affect the proceedings in your civil case. Your attorney might be able to use evidence from that case to help you.
Who can be sued in a wrongful death claim?
A wrongful death suit can be brought against various entities, including individuals, companies, employees, and government agencies. Examples of potential defendants in a wrongful death case may include:
- A drunk driver in a car accident
- The owner of a construction company responsible for a heavy object falling on a passerby
- The company that designed, manufactured, or distributed an unsafe product, such as a dangerous toy
- The owner of the premises where a hazard caused a trip-and-fall fatality
- A physician who performed an unnecessary or faulty operation
- Government-owned transit authority whose driver killed a pedestrian
Wrongful death suits against government agencies are complicated to pursue. Government agencies and their employees often have immunity in wrongful death suits, and stringent caps often limit compensation. No matter the circumstances of your wrongful death claim, we will leverage the full weight of our experience and resources. We can advocate skillfully and assertively on your behalf.
Is hiring a wrongful death attorney worth it?
>Having someone in your corner who knows the law may be invaluable. Wrongful death cases are complex. A skilled Columbia wrongful death lawyer can thoroughly investigate your case, gather evidence, and leverage expert witnesses to build a sound case on your behalf. A wrongful death attorney will also communicate with the insurance company and the other party. They know the right things to say and the best ways to negotiate to get you the maximum compensation possible.
A South Carolina wrongful death attorney will also meticulously and properly file all the documents needed for your claim. Without an attorney, you could miss legal loopholes that could derail your case and end up with nothing.
If I file for a personal injury claim, but the person dies, can I switch to a wrongful death claim?
Most likely, but your lawyer will advise you on the proceedings in this case. Switching from personal injury to wrongful death requires intricate steps that we will be able to adeptly handle. A wrongful death claim may mean that more extensive damages can be recovered. This includes recovering compensation for loss of companionship and loss of financial support. We’ll work carefully to ensure that every type of compensation is accounted for so you can focus on being with your family and working through your grief.
Do I Need a Wrongful Death Attorney?
When faced with the decision of whether to proceed through a wrongful death suit alone or with legal representation, it’s better to hire an attorney. There are several reasons for this. First and foremost, your top priority after the loss of a loved one is to take care of yourself. This task becomes nearly impossible when dealing with negotiations, insurance companies, and paperwork. Hiring an attorney ensures you prioritize organizing funerals, caring for yourself and your family, and thinking about your future.
Secondly, a knowledgeable attorney can help you get to the bottom of who was truly responsible for your loved ones’ deaths. Thirdly, people with representation during a lawsuit tend to get more than three times the return than an unrepresented party. Finally, contacting a Columbia wrongful death lawyer after the death of a loved one should be your number one priority.
Why Should I Hire the Goings Law Firm, LLC?
When looking for an attorney, there are a few key qualities to look for: good results, good testimonials, and good credentials. The attorneys at Goings Law Firm, LLC have all three of these things. We have gathered millions of dollars for our clients and, in some cases, have reached millions on their own. Of course, we cannot guarantee these results for everyone. But, we fight every case with the same fervor we fought in those.
Moreover, our clients say the same: professional, knowledgeable, and exceptional. Our past clients who’ve left testimonials say they’d recommend us to anyone needing representation. We are a compassionate firm that cares for our clients like family. A Columbia wrongful death lawyer from Goings Law Firm, LLC will work tirelessly for anyone who calls us and is so sure of our abilities that we never charge a single penny until we’ve won a case.
Contact a Columbia Wrongful Death Lawyer from Goings Law Firm, LLC
Experiencing the loss of a loved one is a terrible feeling. Use our expertise in wrongful death claims in South Carolina to recover damages for the wrongful act. While the attorneys here at the Goings Law Firm, LLC will never be able to fully understand the pain you feel as the result of a lost loved one’s death, we have made it our life’s work to assist those in pain by every means necessary. Whether you need help opening an estate, appointing a personal representative, or filing a wrongful death claim, our experienced legal team is willing to help you. Call [phone number linked=true] or contact us online to speak with a wrongful death lawyer in Columbia today.
