Losing a loved one is devastating – especially when the death is unexpected and caused by another’s recklessness or negligence. A wrongful death is defined as when a person dies due to negligent, reckless, or intentional acts of another individual.
Pursuing justice for the deceased is a heavy burden to bear, but compensation can help you cope with your loss, cover funeral expenses, and relieve some of the stress endured when losing someone you love to an avoidable accident. That’s why our team is here for you.
Hoffman Law Firm has helped countless families throughout South Carolina get the justice their loved ones deserve, offering hope during tough times. Our experienced Lowcountry team will handle everything, allowing you to mourn your loss without the added stress of a wrongful death lawsuit.
If you’ve lost a loved one in Charleston, Georgetown, or anywhere else in South Carolina, our wrongful death lawyers have the experience necessary to fight for the compensation you deserve.
While some cases can be resolved quickly, others require patience, time, and in-depth research. Trust us to know the difference. Our lawyers have a thorough understanding of South Carolina law and its specific effects on each case – which is why it’s crucial to reach us as soon as possible.
Hundreds-to-millions in settlements won for accident victims throughout the Lowcountry, Hoffman Law Firm delivers serious results.
If your beloved has passed away due to a wrongful death, it can be a very challenging time. You may feel overwhelmed with grief and unsure of what to do. It’s important to take your time and remember that you are not alone — there are resources available to help.
The first step is to contact a Charleston wrongful death attorney. At Hoffman Law Firm, our legal team can provide advice and guide you through the whole process. We’ll help you file the necessary paperwork, represent you in court, and give you a better understanding of the laws that could apply to your case. We’ll also seek compensation for expenses such as funeral costs and lost wages.
It’s also essential to take care of yourself. Get enough rest, eat well, and exercise. If necessary, seek professional counseling to help you cope with the loss. Although it can be a difficult experience, taking the time to access the right resources and support can help you heal and find peace.
When your family is ready to seek justice for your loss, Hoffman Law Firm is here to provide support and reliable legal services. We are here with open arms, willing to hear your story and helping you seek justice.
A wrongful death can occur from a wide range of circumstances. The following examples may result in a civil action on behalf of the deceased:
Determining fault requires proof that the death was caused by the at-fault party’s deliberate actions or negligence. This is seldom a simple task and requires a deep understanding of South Carolina law. That’s why it’s incredibly important to have a legal team behind you – one with tried-and-true experience handling this unique type of case in Charleston and surrounding counties.
There are two components involved in calculating the financial value of your case: a wrongful death claim and survival action. Hoffman Law Firm’s wrongful death lawyers can help you understand the difference between the two before estimating potential damages.
A wrongful death claim refers to the impact on surviving family members, such as funeral costs, future loss of income and outstanding medical bills.
Survival action, however, provides reimbursement for the losses that the decedent suffered between their personal injury and death – such as lost wages and pain and suffering.
Under the common law, the family member closest to the deceased can pursue a wrongful death action, and therefore, recover compensation. This may be a parent, child, or spouse, depending on the circumstances.
Our Charleston law firm of skilled wrongful death lawyers are ready with trusted legal counsel, so schedule your appointment now!
While the law cannot ease your personal loss, economic damages are awarded to ease the financial burden caused by a loved one’s absence. They may include compensation for:
Non-economic damages may be tougher to quantify, but often include compensation for:
Here in South Carolina, the following surviving family members can claim compensation in a wrongful death claim:
The decedent’s spouse and children
The decedent’s parents (if no surviving spouse or children)
The decedent’s heirs (if no surviving spouse, children, or parents)
Proving that a wrongful death occurred can be difficult without the help of an experienced attorney – especially while you are grieving the loss of a loved one. Trust the Charleston wrongful death lawyers at Hoffman Law Firm to handle your accident lawsuit and offer the legal guidance necessary.
In order to file a wrongful death claim, you must prove the following:
Our Charleston law firm of skilled wrongful death lawyers are ready with trusted legal counsel, so schedule your appointment now!
If someone else is to blame for your loved one’s death, our wrongful death lawyers can help pursue justice on their behalf. Whether negligence or blatant intent to harm caused the death, our team will fight to hold the at-fault party accountable.
Keep in mind that only certain people may pursue legal action on their loved one’s behalf. In South Carolina, only the representative or executor mentioned above can file a wrongful death claim. Most wills name an executor, but if the deceased did not have one or the person cannot/does not wish to serve, the court may appoint one.
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Similar to other personal injury claims, there is no way to determine exactly what your case is worth. Once our wrongful death lawyers learn more about your claim, we will be able to estimate what it is worth by factoring in the following:
Economic damages (medical expenses, funeral costs, etc.)
Non-economic damages (pain and suffering, loss of companionship, etc.)
Punitive damages (to punish the responsible party for their misconduct)
Survival action (deceased’s suffering experienced prior to death)
No, settlements paid out in wrongful death lawsuits are not taxed by the IRS. There is one exception, though. If punitive damages are awarded, this portion of the settlement will be taxed.
Our Charleston law firm of skilled wrongful death lawyers are ready with trusted legal counsel, so schedule your appointment now!
A wrongful death lawsuit is filed on behalf of the deceased’s family while a survival action is filed on behalf of the deceased person. These types of lawsuits also vary in the damages available, with wrongful death lawsuits seeking to compensate survivors for their loss. Survival actions, however, are focused on reimbursement for the losses and suffering experienced by the deceased between their accident and death.
Here at Hoffman Law Firm, our wrongful death lawyers can help differentiate between the two and estimate the potential damages available in your case. To learn more or to schedule a free consultation, contact our Charleston area law firm today.
Understanding Survival Action in Wrongful Death Lawsuit
Survival action, as mentioned above, refers to the suffering of the deceased as opposed to the impact of their death on their loved ones. In essence, survival action damages are similar to those that would have been recovered in a personal injury lawsuit if the person had lived. Compensation is dispersed through the person’s estate instead of directly to their family.
Types of Compensation I Can Recover In Survival Action
The deceased’s survivors may receive compensation for the following:
Pain and suffering
Medical bills
Emotional distress
Funeral costs (unless recovered through a wrongful death lawsuit)
Note that unlike a wrongful death lawsuit, there is no recovery of damages incurred after death – such as loss of future income.
Wrongful death lawsuits are often complex, requiring a qualified Charleston wrongful death attorney with extensive experience handling cases like yours. Our team is equipped to fight for your family, but to ensure the best possible results, we ask that you avoid these common mistakes.
Arguing with family.
This is often easier said than done, especially when tensions are high. Do your best to avoid fights and miscommunications with family members to ensure the legal process moves forward as smoothly as possible.
Talking to the insurance company.
Remember that the insurance company is NOT on your side. While they may seem genuine as they offer condolences, they do not have your best interests – or your deceased loved one’s – at heart. Let our wrongful death lawyers handle all communication.
Speaking publicly.
It may be tempting to speak to the local news media or make a public statement, but what you say could be used against you. Don’t let a slip of the tongue negatively impact your wrongful death lawsuit.
Accepting a settlement too hastily.
The insurance company may offer a payout that is far less than your family deserves. Never accept a settlement without first consulting your wrongful death lawyer. If the insurance company refuses to make a reasonable offer, your attorney will likely recommend filing a lawsuit.
Waiting too long to pursue a wrongful death claim.
South Carolina’s statute of limitations is three years for a wrongful death claim, meaning that you have three years from your loved one’s death to file a claim.
Attempting to handle your case on your own.
Given the complicated nature of wrongful death claims, handling one without the help of an attorney puts your compensation at risk. Trust our wrongful death lawyers to provide trusted legal representation on behalf of your loved one and to demand the justice they deserve.
South Carolina
Motor vehicle crashes were the leading cause of injury death for ages 0–4, 5–9, 15–17, 18–19, 20–24, and 65–74, according to the SC Department of Health & Environmental Control.
In 2023, South Carolina had 112 fatal workplace injuries. Transportation incidents caused 44 deaths (39%), reported by the U.S. Bureau of Labor Statistics.
Rural counties had the highest motor vehicle fatality rates. 1st Colleton: 53.7 per 100,000, 2nd Fairfield: 48.5 per 100,000 & 3rd Allendale (47.8 per 100,000), according to SC Department of Health & Environmental Control.
National
CDC reported over 200,000 unintentional injury deaths occur each year in the U.S., many preventable.
Medical errors cause roughly 250,000 deaths annually. Malpractice lawsuits account for less than 5% of all personal injury cases, according to reports by Johns Hopkins University.
In 2023, there were about 3,100 malpractice payments related to wrongful death, according to the National Practitioner Data Bank.
Our Charleston law firm of skilled wrongful death lawyers are ready with trusted legal counsel, so schedule your appointment now!
Our top-notch team of personal injury lawyers is standing by, available to offer trusted legal advice in your time of need. Our local law team is proud to serve the Palmetto State, walking beside accident victims through their most difficult days.
If you have lost a loved one in a wrongful death accident, contact Hoffman Law Firm today. Our wrongful death lawyers are here to help.
The service and staff of Hoffman law firm was exceptionally professional. Staff lovingness and kindness was greatly appreciated.
-Vermelle
They were very helpful, compassionate, and nice. I was at ease during the process of getting help with them. I would recommend them to anyone who wants honesty and professional lawyers.
-Latvia
Hoffman Law Firm worked hard behind the scenes and completely surpassed our expectations. We will recommend them to our friends and family!
-Marty
Our experienced personal injury team is proud to serve the Lowcountry, offering trusted legal representation right here at home. Committed to securing the compensation our friends and neighbors deserve, our Charleston personal injury attorneys will walk beside you each step of the way.
From filing your claim to communicating with the insurance company, we handle your entire claim for you. Get in touch for trusted legal advice and schedule your free consultation today!
Our personal injury law firm welcomes referrals for cases that arise anywhere in the state of South Carolina. We are always proud to assist deserving clients offered by a fellow attorney, so contact us today!
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