The loss of a loved one from a tragic event, such as from a car accident, a work-related injury, or an injury sustained on property owned by another, is absolutely devastating. Loved ones are faced with grief, sadness, confusion, anger, and bewilderment. They are under deadlines to open an Estate in Probate Court. If the death was caused by the fault of another person, there are added pressures placed on loved ones. Hiring an attorney who can handle all of these matters for you can relieve you from the stress and pressures and assist the family in coping with the loss.
Schedule Consultation - Call (864) 641-3377
Free consultations are exclusively for personal injury cases.
A consultation fee applies to all other matters.
If a death is caused by an act that rises to the level of being criminal, then there are procedures for the State to bring a case before the Court. If the actions of the at-fault person were non-criminal, the only remedy available is monetary compensation. While money could never be equal to the life of a loved one, monetary compensation allows loved ones and those dependent on the deceased to have the financial stability that has been taken away. Obtaining financial compensation helps to ease economic fears and helps the family to feel some comfort in knowing the at-fault party has had to pay.
A wrongful death case is often a quite complex matter. An attorney handling this type of case needs to also be able to handle the administration of the Estate in Probate Court. After decades of representing residents of the Upstate [Spartanburg, Greenville, Cherokee, Union], our firm has acquired the necessary experience and skills to properly handle these cases. We have recovered millions of dollars for clients in wrongful death claims. Through these cases, we have been able to give our clients hope, a feeling of justice, financial stability, and peace.
Competent attorneys are almost always needed in wrongful death cases. Aside from the fact that cases will have to be filed in Probate Court, as well as the Court of Common Pleas, the cases themselves are complicated. There are certain family members who will be entitled to direct compensation for their loss of a loved one. The deceased will most likely have a claim as well. Because of this, recovered funds must be properly allocated to determine what will pass through a deceased’s Estate in Probate Court.
If you have a loved one who was killed by the fault of another, regardless of the cause, allow us to assist you. We know what is needed to handle these cases, and we have the experience and skills necessary to obtain compensation to which you are entitled and allow you to begin bringing about closure.
What is a Wrongful Death Lawsuit?
A wrongful death action is a
civil cause of action that is initiated by the statutory beneficiaries of a deceased person as a result of the wrongful act, negligence, or default of another. This field of law, which is a subset of
tort law, is occasionally called a
fatal injury claim. It's different from a homicide that is considered criminal. The purpose is not to punish, but to provide financial and emotional support to the family members that are still alive. The legal reason for the claim is that if the deceased person had been alive, they would have had a legitimate personal injury complaint. Wrongful death statutes are different by state. Recoverable damages include funeral expenses, medical costs associated with the deceased's death, the deceased's lost income, and the loss of companionship, assistance, and guidance. The plaintiff must demonstrate that the defendant's actions were the primary cause of the death, adhering to the civil standard of proof.
-
Academic Resource: The Legal Information Institute (LII) at Cornell University's Law School has a concise and accurate description and general knowledge of what is considered a civil wrong of death as a cause of action. LII Wrongful Death Wex Article
The loss of a cherished one as a result of someone else's reckless behavior is an incredible tragedy. While no amount of money can ever compensate for a family member's death, a wrongful death claim can provide a sense of justice and provide financial security for the victims. At
Burts Turner & Rhodes Attorneys at Law, we are committed to helping you through this difficult situation. We understand the serious emotional and financial consequences of your loss, and we will take care of your case with utmost delicacy and sensitivity. We will scrutinize the details of your loved one's passing in order to determine the cause.
