South Carolina Wrongful Death Lawyers

Losing a loved one is devastating. If you lost a loved one to a fatal accident in South Carolina, you and your family deserve justice and compensation to help you secure a brighter future ahead. Filing a wrongful death claim can help you find closure, as well as help prevent similar tragedies from happening to other families down the line. The experienced South Carolina wrongful death lawyers at Cavanaugh & Thickens, LLC are here to compassionately carry you through the legal process following an unexpected, tragic accident. 

We’re here to listen to you, explain your options under South Carolina law, and help in any way that we can.

For a free consultation, contact our team at (803) 888-2200. 

Understanding If You Have a Wrongful Death Case: Proving Negligence

While filing a wrongful death case cannot undo what has happened, we have found that the process can create a sense of closure and justice for families who have been impacted. In South Carolina, a lawyer will prove a wrongful death occurred by establishing that a few critical elements occurred:

• Duty of Care: Prove that the defendant (the at-fault party or parties) owed a duty of care to the decedent. For example, in auto accidents, a driver(s) has a duty to follow traffic laws such as following speed limits, obeying traffic signals, etc.
• Breached Duty of Care: Negligence, the basis for all injury and wrongful death cases, occurs when the at-fault party does not meet and/or breached that duty of care. For example, if they ran a red light.
• Causation: Proving that the at-fault party’s breach of duty directly caused the loss of life.

These elements of negligence are relatively broad under South Carolina law. This is why it’s critical to hire a lawyer who is well versed in this area of the law. Our lawyers have decades of combined experience handling these cases and know how to use evidence to prove negligence. 

If you’re unsure if you have a wrongful death case, reach out to our team today for a free case evaluation.

How a Lawyer Will Help You

We understand that the process of starting a wrongful death claim can seem overwhelming and draining, and we’re here to take that burden off of you. In addition to proving negligence, our trusted and experienced attorneys will handle the legal process so you and your loved ones can focus on what matters most: healing. 

With Cavanaugh & Thickens, LLC, you can expect our team to:

• Optimize your claim to ensure you get the justice you deserve, as well as the entirety of the compensation you’re owed for all related damages: physical, financial, and emotional.
• Be a partner and source of truth and guidance, supporting you and your family through this difficult time in every way we can.
• Handle your case’s administrative workload, making sure your case continues to progress, all deadlines are met, necessary documents are completed, and more.
• Obtain evidence that supports your case, such as security footage, witness statements, and more.
• Negotiate with insurance companies to ensure you are not being taken advantage of during an already vulnerable time.
• Use our resources and experience to secure you the best outcome possible for the future ahead.

Compensation in South Carolina Wrongful Death Claims

It is impossible to place a value on a life. We know that. Our team will help you recover compensation for many different forms of damages that typically result from the death of a loved one. 

This includes, but is not limited to:

• Medical expenses, including any treatment received before passing
• Funeral expenses
• Burial expenses
• Lost wages and benefits
• Pain and suffering
• Financial losses related to the death
• Loss of support
• Loss of companionship
• Punitive damages, and more.

Without an experienced lawyer on your team, it likely feels impossible to value your damages. We’re here to ensure you are getting the entirety of what you’re entitled to, and we won’t settle for less.

Who Can File a Wrongful Death Claim?

Typically, the executor or administrator listed on the decedent’s estate plan can file a wrongful death claim in court on behalf of family members. 

When there is no estate plan, the court may appoint an administrator.

Who Receives Compensation From a Wrongful Death Suit?

Who qualifies for compensation after a wrongful death claim can be confusing. Here’s who may be eligible, depending on the situation:

• The husband or wife of the deceased and the children of the deceased
• The parent(s) of the deceased if there is no spouse or child
• Heirs of the deceased if there are no other eligible family members

If the deceased was a young adult (18 years or older) at the time of his/her death, their parents may still claim damages through a wrongful death lawsuit. This is true unless the parent(s) abandoned their child before they turned 18.

Common Causes of Wrongful Death Cases in South Carolina

Accidents resulting in loss of life are tragic for everyone involved, especially surviving loved ones. In our experience, fatal accidents can be caused by many different accident types, such as:

• Truck Accidents
• Car Accidents
• Pedestrian Accidents
• Motorcycle Accidents 
• On-The-Job Accidents
• Slip and Falls 

No matter what caused the accident and resulting death, we have your back. 

Contact Our South Carolina Wrongful Death Lawyers Today

We understand that hiring an attorney may seem like the last thing you should have to do, but we can assure you that you are in great hands with our team. With hundreds of reviews and award-winning lawyers, we’re here to guide you through the legal process so you can focus on the road ahead. Don’t face a wrongful death lawsuit alone. 

To schedule a free case evaluation directly with a reputable wrongful death attorney, please call our office today at (803) 888-2200. 

Additional Frequently Asked Questions

How much does hiring a wrongful death lawyer cost?

At Cavanaugh & Thickens, LLC, we offer entirely free case evaluations directly with an award-winning lawyer.

In addition, our wrongful death legal team works on a contingency fee basis, meaning you owe us zero upfront or out-of-pocket costs. Instead, we receive a percentage of any settlement at the end of the case.

We believe everyone should be able to afford a lawyer during difficult times and are ready to assist you. Reach out to our team today for more information.

What is a survival action?

Under South Carolina law (S.C. Code 15-9-90), a survival action, also known as a survivorship claim, provides reimbursement for the losses the decedent suffered between the accident and death. This is separate from a wrongful death claim and can only be filed if the decedent did not pass immediately from their injuries.

For example, if someone was critically injured in a truck wreck and passed from those injuries later, then their family may be entitled to receive compensation for the damages the decedent suffered between the accident and death, such as:

• Medical expenses
• Emotional damages
• Pain and suffering

For more information or to see if you may qualify for a survival action lawsuit in South Carolina, contact us today.

How Long Do I Have to File a Wrongful Death Case?

In South Carolina, you generally have three years to file a wrongful death claim from the date of the passing. However, if the death happened at a government facility, this timeline is reduced to two years.

It’s important to keep in mind that you should always contact a lawyer quickly so they can preserve and obtain critical evidence and have ample time to optimize your claim.