Wrongful Death

South Carolina Wrongful Death Attorney

The loss of a loved one is one of the most challenging life circumstances someone may face. While death is undoubtedly a part of life, an unnatural death that was preventable can hit especially hard. Families missing loved ones due to avoidable deaths have legal rights and options. It’s in their best interests to meet with a South Carolina wrongful death attorney at The Law Office of D. Craig Brown, LLC. South Carolina law governs who can file a wrongful death lawsuit, what damages might be available, and how long they have to pursue those damages.

What Warrants a Wrongful Death Claim?

Any negligent, intentional, or wrongful act of another person or party that results in the death of an individual is classified as wrongful death. As in most states, wrongful death happens in South Carolina when someone loses their life due to another person or party’s legal fault, including by:

Like other types of personal injury claims, liability in a successful wrongful death case is articulated only in terms of financial compensation, referred to as damages, that the liable party must pay to the decedent’s survivors or estate.

Criminal Charges vs. Wrongful Death Civil Claims

It should be noted that a civil wrongful death claim is different from a criminal homicide case or another type of criminal legal case involving someone’s death. In criminal cases, a conviction can lead to jail or prison time, fines owed to the state, probation, community service, and other penalties.

A criminal case and a civil wrongful death claim can run concurrently but are separate. The outcome of one doesn’t impact the outcome of another. Although, sometimes, a criminal conviction can indicate that a civil claim will be successful. This is because the standard of proof in a civil claim is much lower than in a criminal case. In a criminal case, guilt must be established “beyond a reasonable doubt.” However, in a civil case, liability only needs to be established “by a preponderance of the evidence,” or it’s more likely than not that the accused party is liable for the death.

The existence or lack of a criminal charge or conviction has no bearing on whether you can file a civil case. Always speak to a South Carolina wrongful death lawyer about your rights and any questions you might have.

Circumstances Resulting in Wrongful Death Claims

South Carolina’s wrongful death law provides financial recovery to certain relatives or representatives of an individual whose death is considered wrongful. Examples of specific circumstances resulting in a wrongful or accidental death lawsuit include the following:

Contact a Compassionate South Carolina Wrongful Death Attorney for Help Today

If you have recently lost a loved one, please accept our sincerest condolences. You can count on us to be here for you throughout the wrongful death claims process.

Call The Law Office of D. Craig Brown, LLC today at (843)676-0169 or contact us online to schedule your no-obligation case consultation.