Our David W. Martin Accident & Injury Lawyers and wrongful death attorneys in Fort Mill and Rock Hill believe that when our clients lose a loved one because of someone else’s recklessness, they and their families deserve justice.
Our York County personal injury lawyers also know that the negligent person or party’s insurance company is not simply going to admit their policyholder was at fault and write a check that covers their complete current and future losses.
Filing a wrongful death claim in South Carolina can be complicated. With our skilled wrongful death attorneys by your side, we can help build your case for success.
First, we must prove the following four factors are true to pursue a wrongful death case.
One: Proving There Was a Duty of Care
The very first factor when pursuing a wrongful death claim in South Carolina is to prove the person — whether it was another driver, physician, or property owner — who is responsible owed the deceased a duty of care.
That means they were accountable for the deceased’s person’s well-being at the time of his or her death.
Two: Proving the Duty of Care Was Breached
Using the above examples, a driver can breach the duty of care by getting behind the wheel when they are intoxicated. A physician may breach the duty of care by performing surgery on the wrong site of the patient’s body. Property owners may breach their duty of care by failing to provide adequate security during an event.
When each of these parties acts in a way that knowingly put others’ lives at risk, they have breached their duty of care.
Three: Proving Causation
To pursue a wrongful death claim, we must prove the negligent party’s actions directly caused the loss of life.
Unfortunately, even though the facts may be obvious, including when a drunk driver kills someone in a crash, the reckless party’s insurance company will search for ways to minimize their liability.
Each wrongful death case is unique, so no matter how clear your situation seems, contact our skilled personal injury lawyers in Rock Hill and Fort Mill who can prove that the defendant’s actions caused your loved one’s death.
Four: Proving You & Your Family Suffered Damages
One of the most challenging aspects of a successful wrongful death case is proving how you and your family are suffering after the loss of your loved one.
Our David W. Martin Accident & Injury Lawyers in Rock Hill and Fort Mill outlines each unique set of circumstances for each client and family we represent, so we can determine their overall damages.
That may include:
- The cost of all medical care, including any care that occurred before his or her death
- Pain and suffering your loved one experienced before they passed
- Funeral and burial costs
- Lost wages over a lifetime
- Companionship and relationship with the deceased person
- Lost protection, services, and care of the person who passed away
We know it is difficult to place a value on your losses, because no amount of money can bring back the person you loved, or replace their physical, emotional, and financial contribution to your home.
We can help you understand how pursuing the negligent party who caused your loved one’s death can provide the justice you deserve.
Contact Our David W. Martin Accident & Injury Lawyers in Fort Mill and Rock Hill, South Carolina to Schedule a Free Consultation Today
If you have lost a loved one to the negligent actions or inaction of another in South Carolina, contact our Rock Hill and Fort Mill wrongful death attorneys today at David W. Martin Accident and Injury Lawyers by calling (803) 302-3989 to learn more about your legal rights and options to hold the negligent driver liable for your complete recovery needs.
We provide free consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.