Skip to content

Charleston Wrongful Death Lawyers

In Charleston, wrongful death is defined as a death that is the kind of situation in which a personal injury claim could be filed if the victim had survived. Another party often brings wrongful death claims to court. There are two types of actions that may be brought in the advent of a wrongful death: a wrongful death action and a survival action. Wrongful death suits compensate a family for the loss of the loved one and survival actions deal with claims that the deceased would have had to his family.

Wrongful death claims filed in Charleston must be brought by an administrator/executor of a deceased’s estate plan. Often there is a named administrator/executor in a person’s will. However, if there is no estate plan and no administrator/executor, or if the named individual does not want to serve in that capacity, the court may name an individual. A wrongful death lawsuit must also be filed within three years of the date the deceased died. If a claim is not filed within this period, it will not be heard by the court and no further legal remedies are available.

The administrator/executor is also the person who makes sure a wrongful death claim is brought to court to obtain compensation for the grieving family left behind.

Who recovers damages in a wrongful death case in Charleston? The list includes:

  • Spouse
  • Children
  • Parents if no spouse or children
  • Heirs at law if no spouse, parents or children
  • Parents with an adult child who died*
  •  
    * The exception here is that if a parent abandoned a child before he or she turned 18, the parents may not recover in a wrongful death lawsuit, even if the child was an adult at death.

    Damages in a Charleston wrongful death case are solely financial and may include compensation for:

  • Lost wages, benefits
  • Property damages
  • Other financial losses related to the death
  • Medical expenses related to a final illness, injury
  • Funeral, burial expenses
  • Loss of victim’s knowledge, experience
  • Loss of victim’s companionship, care
  • Mental anguish, pain, suffering of survivor’s family members
  • Exemplary/punitive damages to punish a defendant and deter others
  •  
    It’s important to understand that a wrongful death lawsuit is not based on another wrongful action (tort) such as negligence. A wrongful death lawsuit is a separate cause of action for harm done to a family by a defendant. In this type of lawsuit, the plaintiff must show the defendant’s negligence was the direct or proximate cause of the victim’s wrongful death. In other words, the negligence in a wrongful death case must be the cause of a death and not just an injury.

    Survival actions, brought on behalf of the estate and not the family, permit the victim’s estate to bring claims that the deceased could have brought during her or his lifetime. This is a highly complex area of the law and it is extremely important to consult with a knowledgeable wrongful death attorney to understand what is involved in filing a wrongful death lawsuit, what damages may or may not be recovered and what the outcome may possibly be.

    To find out how our experienced attorneys can fight for you and your family following a wrongful death, call the Steinberg Law Firm, LLP, at 843-720-2800 for a FREE case review. We serve Charleston, Goose Creek, Summerville and surrounding areas.

    RESULTS

    WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
    $2,750,000 in a product defect case, scissor lift malfunction.

    Charleston Wrongful Death Lawyers

    In Charleston, wrongful death is defined as a death that is the kind of situation in which a personal injury claim could be filed if the victim had survived. Another party often brings wrongful death claims to court. There are two types of actions that may be brought in the advent of a wrongful death: a wrongful death action and a survival action. Wrongful death suits compensate a family for the loss of the loved one and survival actions deal with claims that the deceased would have had to his family.

    Wrongful death claims filed in Charleston must be brought by an administrator/executor of a deceased’s estate plan. Often there is a named administrator/executor in a person’s will. However, if there is no estate plan and no administrator/executor, or if the named individual does not want to serve in that capacity, the court may name an individual. A wrongful death lawsuit must also be filed within three years of the date the deceased died. If a claim is not filed within this period, it will not be heard by the court and no further legal remedies are available.

    The administrator/executor is also the person who makes sure a wrongful death claim is brought to court to obtain compensation for the grieving family left behind.

    Who recovers damages in a wrongful death case in Charleston? The list includes:

  • Spouse
  • Children
  • Parents if no spouse or children
  • Heirs at law if no spouse, parents or children
  • Parents with an adult child who died*
  •  
    * The exception here is that if a parent abandoned a child before he or she turned 18, the parents may not recover in a wrongful death lawsuit, even if the child was an adult at death.

    Damages in a Charleston wrongful death case are solely financial and may include compensation for:

  • Lost wages, benefits
  • Property damages
  • Other financial losses related to the death
  • Medical expenses related to a final illness, injury
  • Funeral, burial expenses
  • Loss of victim’s knowledge, experience
  • Loss of victim’s companionship, care
  • Mental anguish, pain, suffering of survivor’s family members
  • Exemplary/punitive damages to punish a defendant and deter others
  •  
    It’s important to understand that a wrongful death lawsuit is not based on another wrongful action (tort) such as negligence. A wrongful death lawsuit is a separate cause of action for harm done to a family by a defendant. In this type of lawsuit, the plaintiff must show the defendant’s negligence was the direct or proximate cause of the victim’s wrongful death. In other words, the negligence in a wrongful death case must be the cause of a death and not just an injury.

    Survival actions, brought on behalf of the estate and not the family, permit the victim’s estate to bring claims that the deceased could have brought during her or his lifetime. This is a highly complex area of the law and it is extremely important to consult with a knowledgeable wrongful death attorney to understand what is involved in filing a wrongful death lawsuit, what damages may or may not be recovered and what the outcome may possibly be.

    To find out how our experienced attorneys can fight for you and your family following a wrongful death, call the Steinberg Law Firm, LLP, at 843-720-2800 for a FREE case review. We serve Charleston, Goose Creek, Summerville and surrounding areas.

    RESULTS

    WE HAVE RECOVERED OVER $500 MILLION FOR CLIENTS IN THE LAST 10 YEARS, INCLUDING:
    $2,750,000 in a product defect case, scissor lift malfunction.

    What Our Clients Say About Us

    I am very pleased with my experience

    I have, and will continue to recommend The Steinberg Law Firm. They have worked very hard on my behalf.

    It is hard to really put in writing how much Tom was there for me

    He really did such an unbelievable job. Even when the settlement was made, he returned a text with a call to share in the joy over another medical event we were going through, that had a great outcome. Yes, they really do care.

    I would highly recommend them

    Enjoyed the fact that every time I called, someone called me back. It made me feel like my case mattered, and that I mattered. They answered all of my questions and concerns in a timely manner.

    They will go the extra mile for you

    David Pearlman and his staff did an exceptional job on my claim. Mr. Pearlman was honest, patient and steered me in the right direction. A’Riel was always nice and very helpful. I would recommend them to everyone.

    I would never seek help from any other Firm!

    The lawyers and their staff are very professional, caring about your situation! They are one of a kind!Get this Firm behind you and you will never be sorry!

    It was a pleasure working with Steven Goldberg and his staff

    They were courteous and professional. They maintained regular contact for status reports on my case and provided needed documentation on a timely basis. I would recommend this firm.