When you lose someone you care about in an accident, the emotional and financial impact can be difficult to manage. If your loved one passed away because of someone else’s negligence or misconduct, our experienced wrongful death attorneys at Whetstone Perkins & Fulda are here to help you through this challenging time.
Our lawyers have extensive knowledge of what filing a Columbia wrongful death action requires. We could thoroughly investigate what happened, identify the responsible parties, and start a wrongful death action on your behalf.
How To File a Wrongful Death Lawsuit
Pursuant to South Carolina Code Ann. § 15-51-10, wrongful death claims allow family members acting through the Estate’s Personal Representative to seek compensation for losses from another’s wrongful act or negligence. Pursuing a wrongful death claim in Columbia requires careful documentation and legal guidance. Our team at Whetstone Perkins & Fulda helps families protect their rights throughout the process.
Initial Consultation and Case Evaluation
The process begins with a consultation to review the circumstances of your loved one’s death, including accident reports, medical records, and evidence of negligence. This evaluation identifies potential at-fault parties and damages.
Evidence Collection
Detailed and credible evidence is needed to support your wrongful death claim. Our lawyers gather key evidence, such as:
- Medical records and treatment history
- Police and accident reports
- Eyewitness statements
- Photos or video of the scene
- Expert evaluations
- Employment records
- Funeral and burial expenses
Properly compiled evidence helps establish liability, quantify damages, and strengthen your claim.
Filing the Complaint
Our wrongful death attorneys draft and file the complaint in the appropriate court. The legal document formally initiates the lawsuit, outlining the basis for the claim and identifying the at-fault party, the circumstances of the death, and the damages sought.
Negotiations and Settlement Discussions
Before trial, there may be opportunities to negotiate with insurance companies or opposing counsel. Our lawyers advocate on your behalf, pursuing fair compensation for current and future losses.
Litigation and Trial
If the parties cannot reach a settlement, the case proceeds to trial. Our wrongful death attorneys present evidence, examine witnesses, and argue your case before a judge or jury to secure the maximum possible compensation.
Who Can Bring a Wrongful Death Claim?
The Personal Representative of your loved one’s Probate Estate must bring the wrongful death action to court. The beneficiaries of the action are set forth in the South Carolina wrongful death statute, S.C. Code Ann. § 15-51-20. The primary beneficiaries are the spouse and children of the deceased family member but if there is no spouse or children, the proceeds of the action would then go to his or her parents. If there is no surviving spouse, children or parents, the proceeds would then go to the heirs of the Estate of the deceased family member. Contact Our Columbia Wrongful Death Attorneys To Begin Your Lawsuit
The law entitles you to compensation if you lose a loved one in an accident caused by someone else’s negligence. However, you may face insurers that downplay your losses by offering a settlement that barely covers your expenses.
Our wrongful death lawyers at Whetstone Perkins & Fulda have years of experience fighting for the rights of grieving families. When filing a Columbia wrongful death action, we could provide knowledgeable legal support and strong advocacy during these difficult moments. Call us today to schedule a consultation.
