Georgetown Attorneys for Wrongful Death by Defective Equipment or Machinery
If someone you love was killed because of defective equipment or machinery, you are no doubt shocked, grieving, and angry. You could be eligible to obtain compensation and justice for their loss by filing a lawsuit against those at fault for the defect that caused your loved one’s death.
You shouldn’t try to pursue compensation on your own. A skilled Georgetown wrongful death attorney from Evans Moore, LLC could handle the claim for you while you tend to your family and your grief. While no amount of money can change what happened, it can help to assuage the financial difficulties that follow a death.
Let us do the heavy lifting. Call Evans Moore, LLC at (843) 995-5000 now for a free consultation with one of our compassionate wrongful death attorneys today.
Wrongful Death and South Carolina Laws
When someone dies because of another party’s intentional act, recklessness, or negligence, that is a wrongful death. In South Carolina, wrongful death lawsuits can be filed by the executor or administrator of the deceased’s estate. The executor or administrator may have been appointed by the deceased in their will. If there is no will, the court may appoint a person to handle the estate. A wrongful death claim can only be filed for the benefit of the legal heirs.
South Carolina’s statute of limitations establishes a timeline for filing a wrongful death lawsuit. Your attorney must file a wrongful death suit within three years of the date of death. If the lawsuit is filed late, the court could dismiss the case, and your family would lose the right to pursue compensation in court.
If the injury that led to the death occurred on the job, the family could also be entitled to workers’ compensation death benefits. A claim for death benefits must be filed within two years of the employee’s death. Your attorney can handle this for you.
What Compensation Is Available in a Wrongful Death Lawsuit?
When you file a wrongful death suit, you could obtain money for a variety of losses, including:
- Funeral and burial expenses
- Medical expenses for the deceased’s final injury and illness
- Lost wages and benefits
- The deceased’s pain and suffering
- Lost guidance, support, and companionship for the deceased’s spouse and children
Types of Equipment or Machinery That Could Have Defects
Even though manufacturers don’t set out to create products that will harm someone, sometimes things go wrong. Many types of equipment or machinery could be defective, and often, those defects can result in harm or death. People use equipment and machinery every day in their lives, whether they’re in construction, manufacturing, transportation, or just performing tasks around the home. Potentially defective equipment and machinery include:
- Dump trucks
- Skid steers
- Conveyor belts
- Robotic machinery
- Folding machines
- Cutting machines
- Lawn mowers
- Power tools
- Recreational equipment
- Air conditioners
- Carbon monoxide detectors
- Leaf blowers
Proving Liability in Defective Machinery or Equipment Cases
Another reason you need an experienced wrongful death attorney to obtain the compensation your family needs is that it can be hard to determine which party is responsible for the malfunction of the product. Potentially liable parties include:
- The manufacturer
- The distributor
- The retailer
Your attorney can investigate the circumstances of the accident to determine precisely which part of the machinery malfunctioned and who should be held accountable for that failure. South Carolina law states that whenever a person or business sells a defective product, they are responsible for any harm the product causes.
Different types of product defects include:
- Design defects – The product’s design was flawed.
- Manufacturing defects – A defect arises during manufacturing.
- Marketing defects – There was a failure to warn about potential dangers or to advise the consumer how to use the product correctly.
How Can a Lawyer Help?
A seasoned Georgetown wrongful death attorney can help you in a variety of ways. They can guide you through the legal process and provide support through this devastating time in your life. They can also:
- Investigate the accident – Your attorney can perform an in-depth investigation into the cause of the accident and make a determination about which piece of equipment or machinery was responsible for your loved one’s death.
- Gather evidence – Your attorney can collect evidence to support your case, including records about the purchase and maintenance of the equipment or machine, witness statements from anyone who saw the accident, your loved one’s medical records, and accident reconstruction scenarios from expert witnesses.
- Determine the responsible parties – After ascertaining which equipment or machinery failed, your attorney can track down the manufacturer or seller to determine what company they should file the lawsuit against.
- Calculate the total value of your losses – After gathering all the evidence, your attorney can create an accurate assessment of the total value of your case. They will consider your loved one’s medical expenses, lost wages, future lost wages, benefits they will no longer be able to provide for the family, and potential raises they might have received had they continued working.
- File a lawsuit – Your attorney can file a lawsuit on your behalf to pursue the compensation and justice you deserve.
- Negotiate a settlement – It’s possible that the at-fault party would prefer to settle instead of going to trial. Your attorney will work hard to negotiate a full and fair settlement on your behalf.
Contact Evans Moore, LLC Today
No one should have to suffer the loss of a loved one because of defective machinery or equipment. If it happens to you, get help immediately. Call the Evans Moore, LLC Georgetown attorneys for wrongful death from defective equipment or machinery right away. Let us carry this heavy burden for you when you’re already grieving.
Don’t worry about how you’ll be able to afford an attorney. We believe that everyone should have access to quality legal representation, so we work on a contingency-fee basis. That means you pay us nothing upfront. When we get compensation for you, we’ll take an agreed-upon percentage for our fee. If we don’t get you money, you won’t owe us anything.
Don’t wait. Call us today at (843) 995-5000 for your free consultation. Let us help.