Legal Representation in North Carolina and South Carolina Wrongful Death Claims
Any injury accident can create a traumatic situation for everyone involved, but the consequences can be particularly devastating when you lose a loved one in this way. The grieving process is exacerbated when the death is caused by someone else’s reckless or careless behavior. Wrongful death lawyer Brian Steed Tatum will fight diligently for your rights if you have lost a family member under these circumstances in North Carolina or South Carolina. We understand this is a painful time for you, so you can expect the utmost compassion, respect, and attention from our entire team.
Seeking Compensation After Fatal Accidents
The basic idea behind a wrongful death claim is that the death of an individual was caused by someone else’s carelessness. Under South Carolina law, for example, wrongful death is caused by the “wrongful act, neglect or default of another.” It can be helpful to think of a wrongful death claim as a personal injury case that the deceased person would have been able to bring had he or she not been killed.
Each state has its own rules regarding who can file a wrongful death claim. Typically, close family members can file a lawsuit on behalf of the deceased. For example, under South Carolina law a wrongful death action must be filed by the executor or administrator of the decedent’s estate. If there is no named executor, a court may appoint one. The executor files the claim and pursues the lawsuit on behalf of the decedent’s surviving family members. The following surviving family members are eligible to recover compensation in a South Carolina wrongful death case:
- The deceased person’s surviving spouse and children
- The deceased person’s surviving parents, if there is no spouse or child
- The deceased person’s statutory heirs
Since laws vary from state to state, North Carolina wrongful death law may be different. At our firm, we represent clients from both states. If you’ve lost a loved one in either North Carolina or South Carolina, we can help you explore your options.
Damages in a wrongful death lawsuit will consist of monetary compensation. While no amount of money can take away the pain of losing a loved one, it can ease the burden of dealing with all the costs associated with the accident. If a plaintiff wins on a wrongful death claim, they may be able to recover:
- Medical expenses incurred prior to the victim’s death
- Funeral and burial expenses
- Lost wages and benefits
- Property damage resulting from the accident
- Pain and suffering by the victim before death
- Mental anguish suffered by the family members
- Loss of companionship and loss of consortium
- Any other expenses arising from the accident or death
Again, it is important to remember that types of damages may vary from North Carolina to South Carolina, so it is critical to consult a knowledgeable attorney who can seek the appropriate damages in your particular case.
Contacting an experienced lawyer is also important to ensure filing your lawsuit within the legal time limit. Every state has its own laws regarding the statute of limitations for wrongful death cases. If you are thinking of pursuing a claim, it is best to consult an attorney as soon as possible to make sure you have time to take legal action. If you fail to file within the statute of limitations, you may not be able to pursue a lawsuit at all.
Discuss Your Case with a Wrongful Death Lawyer
If you’ve lost a loved one in a North Carolina or South Carolina accident, the Tatum Law Firm may be able to help. Brian Steed Tatum represents clients throughout both states, working hard to pursue the money and benefits to which victims and their families may be entitled. Once we speak to you about the facts of your case, we will work to maximize your chances of getting compensation. If you need the services of an experienced wrongful death attorney, call us today at 704-307-4350 or contact us online to set up a free consultation.