Florence Wrongful Death Lawyer

Florence, SC Wrongful Death Attorney

Losing a loved one because of another party’s negligence is one of the most challenging experiences you can face. Beyond the emotional pain you are likely experiencing, a wrongful death can also bring financial hardship due to medical bills, lost wages, and end-of-life expenses. A Florence wrongful death lawyer can help you recover these damages, helping you move forward after a tragedy.

Why Choose Deas Law Firm?

The Deas Law Firm brings over 24 years of experience helping families of wrongful death victims take legal action. We have a deep understanding of South Carolina’s wrongful death laws and the claims process, allowing us to guide our clients with confidence. We know how difficult it can feel to file a claim, but our Florence personal injury lawyer are here to make the filing process easier while also pursuing the full recovery you deserve.

What Makes a Death Wrongful in South Carolina?

While many people die in unfortunate accidents every day, not every death is wrongful. According to South Carolina’s wrongful death laws, a wrongful death is caused by another person or party’s negligent or reckless actions.

To succeed in a wrongful death claim, you must prove that the other party’s negligence is directly responsible for the accident and, thus, the death. If you hire a wrongful death attorney, they can gather evidence of the other party’s negligence or wrongdoing.

Types of Wrongful Death Accidents in Florence

Wrongful death can happen in a variety of ways. If an accident was caused by another individual or organization’s negligence, it is worth speaking to a Florence wrongful death attorney about filing a claim. Some of the most common types of wrongful death accidents we see at Deas Law Firm include:

• Traffic accidents: In 2023, there were 1,047 deaths in motor vehicle accidents. Often, a negligent driver is liable for these accidents. Many driver errors may lead to an accident, including distracted driving, speeding, reckless driving, or driving under the influence. In Florence, car accidents are most common around W Palmetto St., W. Lucas St., and I-95.
• Premises liability accidents: Premises liability accidents involve a property owner’s failure to keep their property safe for visitors. Often, this is through neglecting general maintenance or failing to repair a major hazard, such as a structural issue or dangerous mold growth. If a guest on the property passes away because of these hazards, the property owner may be responsible for the resulting damages.
• Defective products: Companies and product manufacturers have a responsibility to verify that their products are safe for use. This includes medical devices, vehicle parts, household appliances, and other goods. The company may be liable if it sold products with dangerous defects that caused a death.
• Workplace accidents: In 2024, there were 103 fatal work injuries in South Carolina. Workplace wrongful death accidents can be complex, as they can be filed similarly to other types of cases or through workers’ compensation. Workers’ compensation offers more limited compensation, but you don’t need to establish a certain party’s negligence.
• Medical malpractice: Healthcare providers have a responsibility to provide accurate care and treatment, yet some studies estimate that over 200,000 patients die annually due to preventable medical errors. Common errors in a medical malpractice claim include surgical errors, mis-administered medication or amnesia, misdiagnosis, or failure to diagnose a serious condition.

Why You Should Hire a Wrongful Death Lawyer

After losing someone close to you, learning about the relevant wrongful death laws and how to file a claim can feel overwhelming. A Florence wrongful death lawyer can provide support during this difficult time, managing the legal aspects of filing a claim in Florence, SC while you focus on what matters most. To pursue compensation, a lawyer can gather evidence, negotiate with insurance companies, and represent you in court.

FAQs About Florence, SC Wrongful Death Laws

What Is the Statute of Limitations for a Wrongful Death Claim in South Carolina?

The statute of limitations for a wrongful death claim in South Carolina is three years from the date of death. You must file a wrongful death claim before this deadline. Otherwise, you may lose your ability to recover compensation. Ideally, you should contact a Florence wrongful death lawyer as soon as possible, as they can help you recover evidence from the accident scene and can communicate on your behalf with the other party.

Is There a Cap on Damages in a Wrongful Death Claim in Florence?

Yes. In South Carolina, there are some damage caps on certain types of damages. Economic damages, such as lost wages, medical bills, or funeral and burial expenses, do not have a cap. However, non-economic damages are capped at $350,000, and punitive damages, if applicable, are capped at either $500,000 or three times the amount of the other damages, whichever is higher.

What Are the Four Criteria for Negligence?

The four criteria for negligence that must be proven in a wrongful death claim are duty of care, breach of duty, causation, and damages. Duty of care involves the other party’s responsibility to act in a way that would avoid an accident, and breach of duty is the failure to uphold the duty of care. Causation involves proving a direct link between the breach of duty and the death. Finally, damages involve showing what losses you have suffered.

What Kinds of Damages Can You Claim in a Wrongful Death Case in Florence?

In a wrongful death case in Florence, you can claim any damages you or your loved one has suffered as a direct result of the wrongful death. This includes economic damages such as medical bills, funeral and burial costs, lost wages, loss of financial support, and loss of household services. You can also claim non-economic damages such as the loss of companionship and consortium or mental anguish. In cases of extreme negligence, punitive damages may also be awarded.

Reach Out to a Compassionate Florence Wrongful Death Attorney

While filing a claim can seem daunting after experiencing a loss, it is an important step for your recovery. Filing a claim can make up for the additional financial burden many families experience, and can also hold the at-fault party accountable for their negligence. To learn how you can get started with a wrongful death claim, contact Deas Law Firm and schedule a free case consultation.

Contact Deas Law Firm Today

At Deas Law Firm, we work tirelessly for you to make sure you are fairly compensated on your personal injury case. From slip and fall cases or even catastrophic injury cases, Deas Law Firm is ready to fight for you and your rights. Call us today or fill out the online form to discuss your personal injury case.