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Did your loved one lose their life due to the negligence or intentional wrongdoing of another party? Your family may be entitled to compensation. Our South Carolina wrongful death lawyers can answer your questions and help you determine the most strategic way to approach the legal system.
We offer free consultations and accept these cases on a contingency fee basis, so no attorneys’ fees will be charged unless we win. Call us today at 864-585-3873 for a case review.
A sudden death can take a major toll on the finances of surviving loved ones. If this applies to your situation, the outcome of your claim could have a major impact on your future. Although the trajectory of your case is somewhat out of your control, there are steps you can take to avoid disputes and to give your claim the best chance of success:
Do Not Use Social Media: Social media has become a part of our everyday lives. Your online accounts might be your primary method of staying connected with friends and family, especially after traumatic experiences. But when you file a tort claim, your social media activity—and the activity of other family members of the deceased—could impact the outcome of the case. Insurance companies and defendants may comb through your social media accounts to look for information that could be used to challenge your claim. For instance, a description of the accident might bring liability into question. It is best that you stay off social media sites entirely while the case is pending.
Do Not Communicate with the Insurance Company: You should direct any correspondence from the insurance company to your South Carolina wrongful death lawyer. Any statements you provide may end up harming your case. The insurance company is not on your side, and a seemingly benign statement could cause major problems down the road.
Track Your Damages: Keep track of any costs your family incurs as a result of the death including child care, domestic help, and other necessary services. You should also keep a journal about the ways losing your loved one is impacting you personally.
The facts and circumstances surrounding a wrongful death can vary dramatically from one case to the next, but in all cases, there are three elements that must be proven in order to prevail: liability, causation, and damages. Our South Carolina wrongful death lawyers can help you gather the evidence needed to strengthen your case.
Below we have provided a brief overview of the three elements that must be proven to win a wrongful death claim:
Liability: This means “legal responsibility.” It must be shown that the defendant was legally responsible for your loved one’s death in order to obtain damages. Even if the defendant did not intend to cause harm, they may still be considered liable if they were negligent or if strict liability applies to your case. Negligence is one party’s breach of the duty of care owed to another party, and strict liability refers to the imposition of liability without a finding of negligence or intent.
Causation: You will also have to show that the death occurred as a result of the tort. Would the death not have happened but for the accident? Our South Carolina wrongful death lawyers will launch a comprehensive investigation to compile evidence to link the defendant’s negligence or intentional misconduct to your loved one’s death.
Damages: You are likely to hear the term “damages” used in a variety of different ways as your case unfolds. Sometimes damages refer to the money awarded to make a plaintiff “whole” again. These are called compensatory damages and can be further broken down into economic and non-economic damages. In some cases, punitive damages are also available because the defendant acted with particularly egregious misconduct. Our attorneys can make sure your claim accounts for all damages that might be recoverable.
Could Social Media Posts Harm My Case?
Yes, it could. In fact, you and any other family members involved in the action should limit your social media use while the case is pending or, preferably, abstain from using social networking websites entirely.
There are a number of ways that digital content can jeopardize a wrongful death case. For example, writing a detailed post about how the fatal accident happened could implicate your deceased loved one as partially liable.
Sometimes these posts can be used to dispute causation. For instance, did you share that you suspect your loved one’s doctors provided substandard care? Did your loved one have a preexisting medical condition that might have played a role in their death? Did the deceased put off the medical assessment for an extended period of time, perhaps contributing to their death? Any uncertainty regarding what caused the death can complicate your case and lead to disputes.
If you want to bring a claim for damages after the wrongful death of a loved one, contact our law firm for a free case review. Call 864-585-3873 or send us a message to set up a consultation.
DISCLAIMER: NONE OF THIS INFORMATION SHOULD BE CONSIDERED AS A DESCRIPTION OR CHARACTERIZATION OF THE QUALITY OF THE FIRM'S REPRESENTATION AND IN NO WAY SHOULD BE INTERPRETED AS A GUARANTEE OF A SPECIFIC RESULT FOR YOUR CASE OR ANY CASE. EVERY CASE IS DIFFERENT AND MUST BE EVALUATED ON ITS OWN MERITS.
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