The loss of a loved one is the most devastating type of trauma a person can go through. The thought that the negligence of someone else led to that death makes the devastation even worse. While nothing can bring your loved one back, the Spartanburg wrongful death attorneys at Hodge & Langley Law Firm can help you obtain a measure of justice for your loss through compensation for the medical expenses your loved one incurred prior to death, their pain and suffering, and for funeral expenses. We can also help family members seek compensation for lost wages and loss of companionship.
Wrongful death may be the result of several factors. Some examples of problems or situations that lead to wrongful death cases include:
Yes. While this can be incredibly difficult given that social media offers an outlet for you to share your thoughts and feelings with loved ones, these websites are often used by insurance companies as sources of evidence to dispute claims. Simply describing what happened might bring liability into question. And if you discuss any preexisting medical conditions your loved one had, the insurer might try to argue that the death was caused by those conditions and not by the tort.
Below we’ve listed a few social media tips to keep in mind throughout the proceedings:
It goes without saying that filing a wrongful death claim is emotionally draining. Between the paperwork and litany of indecipherable legal jargon, the process can be stressful and confusing. Our wrongful death lawyers in Spartanburg can guide you through each step, explaining your role at every stage of the proceedings and updating you on developments in your case.
But of course, there’s no harm in brushing up on some of the legal terms you might encounter throughout the claims process. Here are just a few important terms you may come across:
Negligence: When a party fails to act in a way that a person of ordinary prudence would act given the circumstances, that party is known to be dangerous. Negligence is the most common basis for filing a wrongful death claim.
Strict Liability: This refers to the imposition of liability without a finding of fault. In other words, there are cases when a party can be held liable for a wrongful death even if they were neither negligent nor caused intentional harm. This often applies in product liability cases.
Duty of Care: There are many different situations when an individual or organization has a legal obligation to act with reasonable care. This is known in tort law as “duty of care.” For example, businesses that open their doors to invitees have a duty remedy dangerous conditions in a reasonable amount of time or to warn invitees about said conditions. Drivers have a duty to follow all traffic laws. A breach of this duty would constitute negligence and could serve as the foundation of a tort claim if said breach causes injury or death.
Compensatory Damages: Damages refer to the financial recovery a plaintiff receives in a tort case. Compensatory damages refer to financial awards that are intended to make the plaintiff “whole” again. They include economic damages, which are objectively verifiable losses like medical bills and funeral costs, as well as non-economic damages such as loss of care, companionship, and protection.
Causation: This term refers to the link between a defendant’s negligence or intentional wrongdoing and the damages suffered by the plaintiff. For example, even if it is determined that the defendant was in fact negligent, it must still be shown that said negligence was a proximate cause of the wrongful death in order for the claim to yield damagesCausation disputes sometimes arise when it is found that the victim had a preexisting medical condition, or when the defense suspects that medical malpractice or another factor that arose after the accident proximately led to the death.
We offer a free initial consultation to discuss your case. We handle wrongful death cases on a contingency fee basis, which means that you pay nothing up front for our legal services. If we are successful, our fee will be a percentage of the settlement or award we obtain for you; if we are not successful, you will owe us no attorney fees or costs.
Don’t let big insurance companies tell you how to handle your loved one’s death. Talk with an experienced attorney today to understand your case and your loved one’s rights. Contact Hodge & Langley Law Firm for your free consultation.
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