The Dos and Don'ts of Building a Wrongful Death Claim in South Carolina

September 21, 2023
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Losing a loved one is an unimaginable pain, and when that loss is a result of someone else's negligence, the emotional burden can be even heavier. In South Carolina, as in many states, seeking justice through a wrongful death claim can offer a path to closure and financial security for surviving family members. However, the process is complex and challenging.

This blog post will guide you through the dos and don'ts of building a wrongful death claim in South Carolina, so you can give your case the best chance of success.

The Dos of Building a Wrongful Death Claim

1. Do Seek Legal Counsel: Before taking any action, consult an experienced South Carolina wrongful death attorney. They can assess the circumstances of your case and guide you through the legal process.

2. Do Gather Evidence: Collect all available evidence related to the incident. This may include accident reports, witness statements, medical records, and any other documentation that can support your claim.

3. Do Document Expenses: Keep records of all expenses associated with your loved one's passing. This includes funeral and burial costs, medical bills, and any financial support your loved one provided to the family.

4. Do Act Promptly: South Carolina has a statute of limitations for wrongful death claims, typically three years from the date of death. Failing to file within this timeframe may result in the loss of your right to seek compensation.

5. Do Determine Beneficiaries: Identify who should be named as beneficiaries in the wrongful death claim. South Carolina law specifies eligible beneficiaries, typically immediate family members, but consulting with your attorney can provide clarity.

6. Do Seek Emotional Support: Grief is a natural response to loss, and seeking emotional support through counseling or support groups can help you cope during this challenging time.

The Don'ts of Building a Wrongful Death Claim

1. Don't Communicate Directly with Insurance Companies: Insurance adjusters may reach out to you in an attempt to settle quickly and for less than you deserve. Avoid discussing your case with them without first consulting your attorney.

2. Don't Delay Seeking Legal Help: Time is of the essence in wrongful death cases. Waiting too long to consult an attorney can jeopardize your claim's success.

3. Don't Make Recorded Statements: Insurance companies may ask you for recorded statements. Politely decline and refer them to your attorney. Anything you say can be used against your claim.

4. Don't Accept an Early Settlement: The initial settlement offer from the at-fault party's insurance company is often lower than what it should be. Consult your attorney to determine the fair value of your claim.

5. Don't Overlook Emotional Damages: In South Carolina, you can seek compensation not only for financial losses but also for emotional damages, including pain and suffering. Ensure these are properly accounted for in your claim.

6. Don't Neglect Future Needs: Consider the long-term financial impact of your loved one's loss. Consult your attorney to calculate future financial needs, especially if the deceased was a primary breadwinner.

Building a wrongful death claim in South Carolina is a challenging journey. It requires a delicate balance of seeking justice while navigating the emotional turmoil of loss.

By following the dos and don'ts outlined in this guide and enlisting the support of a knowledgeable South Carolina wrongful death attorney, you can ensure that your claim is handled with the care and compassion it deserves. Remember that you don't have to go through this difficult process alone; there are professionals and resources available to help you find both justice and closure during this trying time.

Discuss Your Case with a Wrongful Death Lawyer in South Carolina

If your loved one died because someone failed to act with reasonable care, turn to the compassionate team at Hodge & Langley Law Firm. We’ll use all the resources at our disposal to help your family seek justice. Call 864-585-3873 or submit our Contact Form to schedule a free initial consultation with a wrongful death attorney in South Carolina.



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