Everyone processes grief differently. The only thing that remains the same is the pain and heartache everyone feels when losing a cherished loved one. Coping with the grief associated with the death of a family member can be even more challenging when someone else’s careless actions caused the death.
Although talking to a lawyer is not the first thing that comes to mind after losing a family member, the legal team at Jebaily Law Firm wants you to know that we are here to support you. Our compassionate Chesterfield County wrongful death attorneys know the devastating mental toll that death can take on families. We also understand how losing a family member can cause financial instability and vulnerability.
If you’ve lost a loved one because of another person’s careless actions, you may be entitled to seek compensation for your financial losses and emotional distress. While money can’t replace a family member, it can stabilize your financial situation and help your family build a better future.
Contact our sensitive wrongful death attorneys to discuss your legal options in a free consultation. At Jebaily Law Firm, we proudly serve families in the Chesterfield area of South Carolina.
Why You Need Our Chesterfield County Wrongful Death Attorneys
Numerous unexpected situations arise following the death of a loved one in Chesterfield County. Coping with grief and navigating these challenges can be overwhelming and demanding. Managing daily life doesn’t leave room for much else, so you need a wrongful death attorney who serves the Chesterfield area to help you and your family.
At Jebaily Law Firm, we have been helping South Carolina families for over 40 years. Losing a family member because of the careless actions of another individual can mean that you are entitled to seek compensation for your losses. We have the experience and resources to pursue compensation on your family’s behalf, helping you to recover financially from this traumatic event. We aim to recover maximum compensation and justice for your family, offering you peace of mind.
Many families discover a sense of closure and solace by seeking a measure of justice for their deceased loved one. Our compassionate attorneys are ready to provide the support you need while navigating this challenging time.
What Is a Chesterfield County Wrongful Death Lawsuit Under South Carolina Law?
South Carolina law defines wrongful death as a death caused by a “wrongful act, neglect, or default of another.” It is a legal way of saying that the actions or carelessness of another party caused someone’s death.
A wrongful death lawsuit provides a legal avenue for surviving family members to seek compensation for a loved one’s death that resulted from someone else’s wrongdoing.
What Is the Difference Between Wrongful Death and Survival Claims?
A wrongful death claim is often confused with a survival action. These are two distinct legal options that may be available to families who have lost a loved one due to someone else’s careless actions.
One of the main distinctions between the two claims is that wrongful death claims benefit family members of the deceased. Survival claims are separate claims that benefit the victim’s estate. Yes, the deceased’s estate may ultimately benefit family members, but not always.
Another difference between the two claims is that survival actions seek to recover compensation for the harm the individual suffered before their passing, between the time of injury and the time of their death. Compensation may include money for medical expenses and pain and suffering. A wrongful death claim seeks money for losses the surviving family members experience because of the death of their loved one.
Our empathetic Chesterfield wrongful death attorneys can help outline whether you can file a wrongful death claim, survival claim, or both.
Common Types of Fatal Accidents in Chesterfield County
Wrongful death claims can stem from a variety of situations. Some of the most common types of fatal accidents in Chesterfield County that can lead to a wrongful death claim can include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Workplace accidents
- Dog bites and other domestic animal attacks
- Medical malpractice
- Nursing home abuse
- Defective products
Who Can Bring a Wrongful Death Case to Recover Compensation?
In South Carolina, only the executor of the deceased person’s estate, also known as the administrator, can file a wrongful death lawsuit. The deceased person’s will typically names the executor of the estate.
When an individual dies without a will or estate plan, the court can appoint an individual to act as the executor of the estate. While the executor has the exclusive power to file a wrongful death lawsuit, the compensation recovered from a successful lawsuit is obtained for the benefit of the individual’s surviving family members, which can include first the surviving spouse and children, then the surviving parents, or the deceased’s heirs.
Additionally, the executor only has three years from the date of the person’s passing to file a wrongful death lawsuit. Filing after the legal deadline has passed risks the court dismissing the case. If that happens, the beneficiaries lose the ability to seek compensation through the legal system.
Potential Damages in a Wrongful Death Case
The value of a wrongful death lawsuit varies depending on the specific facts of the situation. Our experienced wrongful death attorneys can review the facts of your case, financial losses, and other factors to calculate the value of your case and fight for fair compensation.
Although the value of a wrongful death claim can vary, typically, family members can recover financial compensation for the following:
- Funeral expenses
- Burial expenses
- Medical bills incurred by the deceased
- Loss of companionship, care, and protection
- Loss of financial support or household services
- Pain, suffering, and mental anguish of the surviving family
- Punitive damages in exceptional situations
For an accurate assessment of the value of your unique wrongful death claim, discuss your situation with a knowledgeable personal injury attorney serving Chesterfield County, South Carolina.
How Jebaily Law Firm’s Wrongful Death Lawyers Can Help
At Jebaily Law Firm, our compassionate Chesterfield County wrongful death lawyers want to help you and your family during this challenging time. We offer legal advice and support designed to help you work through the untimely death of a loved one. Not only do we aggressively fight to seek maximum compensation for your family, but we also make ourselves available when you need a shoulder to lean on.
Contact our office today and arrange a confidential legal consultation with a Chesterfield County wrongful death lawyer. Our law offices serve families in the Chesterfield area and surrounding communities in South Carolina.
