When a loved one is unexpectedly taken from you by a tragic accident, the grief is hard to bear. This grief is often compounded by funeral costs, lost income, and other financial issues. You don’t have to bear this burden alone. An experienced wrongful death attorney can help you hold the person responsible for the accident morally and financially accountable for what they’ve done.

At Evans Moore, LLC, we believe that anyone whose carelessness results in another person’s wrongful death should pay for the loss and suffering they’ve inflicted on the victim’s family. If someone you love has been killed in an accident, our Conway wrongful death lawyers are here to help. We will handle your case with compassion and care and increase your chances of winning the compensation your family needs and deserves. If your loved one has been killed in an accident, we encourage you to consider the legal options you may have at your disposal.

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Wrongful Death Cases We Handle

Any kind of accidental death is a tragedy. No matter the cause of your loved one’s wrongful death, Evans Moore, LLC can help. As a personal injury firm with a broad array of practice areas, we are prepared to handle wrongful death cases involving any number of factors, including:

Car accidents
Truck accidents
Medical malpractice
Premises liability
Product liability
Hospital negligence
Nursing home negligence

No two wrongful death cases are exactly alike. Our legal team will take great care to tailor your case to the circumstances of your loved one’s accident for a greater chance of holding the responsible party financially accountable.

Wrongful Death Laws in South Carolina

Under South Carolina law, the only person who can bring a wrongful death suit is the executor or administrator of the victim’s estate. If the victim did not designate an executor or administrator, a court will appoint one — typically a close family member. If you are not the executor or administrator of your loved one’s estate, you should talk to the person who is about their legal options. It is important to note, however, that the executor or administrator may not be the one who actually recovers damages if the claim is successful. The law says that damages can go to:

The victim’s spouse or children,
The victim’s parents, or
The victim’s legally designated heir.

Once the victim has died, the clock on their family’s wrongful death claim starts ticking. The statute of limitations for wrongful death claims in South Carolina is three years, meaning that three years from the time of death, the family can no longer bring a claim. In any case, it is best to start acting as quickly as possible, as easier access to evidence and witness reports will make the case easier to win. At Evans Moore, LLC, our lawyers are well-versed in all the laws surrounding wrongful death claims in South Carolina, and we are ready to apply our expertise and fight for you.

Proving a Wrongful Death Claim

Wrongful death claims are similar to other personal injury claims except that they also involve the death of the victim. In fact, wrongful death claims can be wrapped up in personal injury claims in cases where there were multiple victims but not everyone was killed. As in other personal injury cases, proving a wrongful death claim against another party means showing that:

The other party had a reasonable duty of care, such as driving responsibly or providing a safe product.
They breached that duty, such as by driving recklessly or providing a dangerously defective product.
Their negligence caused your loved one to die, whether immediately or by directly causing further, fatal complications.

Proving all of this will require a great deal of evidence. It is important to keep records relating to the accident as carefully as possible. Some examples of pieces of evidence you might use to prove that the other party’s negligence caused your loved one’s wrongful death include:

Police reports
Witness reports
Pictures from the scene of the accident
Autopsy results
Medical records following the accident
In medical malpractice cases, medical records leading up to the time of death
The insurance companies’ accident reports
Receipts for any products involved in the accident

The actual evidence you will need will vary depending on the specifics of your case, but in general, the more information and records you can gather, the better your chances of proving your case. Once you and your lawyer have put together your case, you may be able to hold the other party financially accountable, either at trial or in an out-of-court settlement. Your lawyer will help you decide the most effective way to seek this compensation and when settling makes sense for you.

Compensation You Might Be Owed

No amount of money can ever repay you for the loss of your loved one, but a lawsuit can help to ease the financial burden caused by their death. If your wrongful death claim is successful, you could recover damages for a number of costs, including:

Funeral expenses
Burial expenses
Medical expenses leading up to the victim’s death
Lost income as a result of the victim’s death
Emotional pain and suffering
Loss of the victim’s companionship
‘Exemplary’ or punitive damages, if the other party acted deliberately or recklessly
Travel and other expenses related to the victim’s death

This is not an exhaustive list of the types of damages you might be able to recover. An experienced wrongful death attorney can help you determine which types of damages make sense for your particular case.

Contact a Conway Wrongful Death Lawyer Today

Dealing with the loss of a loved one is a difficult time in your life. Grief and financial concerns can consume your family’s every day, and at times it can feel like there’s no hope. You don’t have to go through this alone. Evans Moore, LLC can help you seek compensation for your loved one’s death through a wrongful death claim. Our Conway personal injury attorneys have years of experience fighting negligent parties in Conway and throughout South Carolina. We will handle your case with conviction and respect and increase your chances of winning the compensation you need. For more information on how we can help, call us today at (843) 995-5000.