Consider a Wrongful Death Attorney in Lexington, SC Who’s Helped 100’s of People Get the Compensation They Deserve.
At J. Bradley Baker LLC, we represent those who have lost loved ones due to lethal injury and wrongful death.
We are proud to provide skillful advocacy for people who have been left to pick up the pieces after a loved one has fallen ill or died due to the negligence of another person or entity.
When you connect with our wrongful death attorney in Lexington, SC, your case will never be transferred to a junior associate or paralegal.
We make a point to be as accessible as possible, and Attorney Baker handles all wrongful death cases personally.
Who Can File a Wrongful Death Claim in South Carolina?
In cases of wrongful death, the surviving family members are often left wondering what their rights are. South Carolina law allows for the following relations to the deceased family member to file a wrongful death claim:
Each relation may be subject to certain qualifications dependent upon the circumstances of the claim. For instance, a child of the deceased may only bring a claim if there is no surviving spouse.
Likewise, a parent of the deceased may only file a claim if there is no surviving spouse or child. In cases where there is no surviving spouse, child, or parent a representative of the deceased’s estate may file a wrongful death claim, recoverable by the deceased’s next of kin.
File a Wrongful Death Claim in South Carolina
According to section 15-51-10 of the South Carolina Code of Laws, wrongful death is any death that occurs as a result of the “wrongful act, neglect, or default” of another person or entity.
The act of negligence that led to death must be the sort of act for which someone could be sued in a personal injury lawsuit. In terms of establishing grounds for a wrongful death claim, the criteria are essentially the same as a personal injury lawsuit.
As such, you must demonstrate the following in order for your wrongful death lawsuit to be successful:
- Your loved one has died.
- Your loved one’s death was brought about by the negligence or malicious intent of another person or entity.
- You and/or other family members have suffered monetary injury because of your loved one’s death.
- You or another party has been appointed as the representative for your loved one’s estate.
Following your loved one’s death, our Lexington wrongful death attorney may be able to help you recover compensation for death-related costs and other financial damages you have experienced. Connect with a member of our team at J. Bradley Baker LLC as soon as possible to schedule your confidential consultation.