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Wrongful Death

Lancaster, Rock Hill and Fort Mill, South Carolina

A wrongful death occurs when someone is killed (or dies) due to a negligent or intentional act. The faulty party can be a person or a corporation. These cases arise from a number of different circumstances. Losing a loved one is probably one of the most traumatic events anyone can suffer in his/her lifetime, but when that death could have been avoided, the pain is just too much to bear. When someone dies due to someone else’s negligence or wrongdoing, the negligent party must be held accountable for his/her actions. That is where wrongful death attorneys come in; wrongful death attorneys work for the victim’s family to ensure they receive the monetary compensation to which they are entitled following the needless death of their family member.

In South Carolina, a wrongful death gives rise to two separate claims: a wrongful death claim, which is for the benefit of specific family members who have been hurt both emotionally and financially by the death of their loved one. The second claim is called the “survival action,” which is brought for the benefit of the estate of the person who died. The survival action is for damages incurred by the person killed such as medical bills and conscious pain and suffering before his/her death.

The law firm of Blackwell Trimnal & Myers, LLC has represented countless South Carolinians following the loss of a loved one due to someone else’s negligence or wrongdoing. While we don’t claim to understand exactly what you’re feeling at this time, we do understand what you are entitled to under the law. You will be grieving and trying to go on with your own life; please leave the legal aspect of your loved one’s wrongful death to us.

Causes of Wrongful Death

No matter how many people we represent who have lost a loved one needlessly, it never gets easier. Knowing that death could have been prevented is infuriating, and it is the driving force behind our tireless work to ensure your family is well cared for in the event of a wrongful death. If the deceased was the “bread winner,” you may be frantically worrying about how the bills will be paid, how food will be put on the table, and how the children will be clothed and otherwise cared for.

We can’t bring your loved one back, but we sure can work to hold the person or entity responsible for his death accountable. If a drunk driver caused the death, you can bet we will pursue the case civilly and make sure it’s criminally prosecuted, also. Even if the death was the result of a true “accident” such as an icy road or torrential downpour obscuring vision, we will still aggressively pursue the compensation to which you are entitled.

Wrongful Death Damages

The damages awarded in wrongful death cases are referred to as “pecuniary” compensation and include, but are not limited, to:

• Medical/funeral expenses
• Lost prospect of inheritance
• Wages lost while you cannot work
• Pain and suffering

In some wrongful death cases, punitive damages (also known as exemplary damages) can be sought; these are intended to “punish” the negligent party for recklessness, malice or a willful act that caused the wrongful death.

As with most personal injury cases, there are time limits known as statutes of limitation in South Carolina for wrongful death claims; a cause of action for wrongful death begins on the date of the death and must be filed within three years of that date.

If you have tragically lost a loved one due to someone’s negligence or reckless behavior, the wrongful death attorneys at Blackwell Trimnal & Myers, LLC can help; please contact our office today to schedule a confidential consultation. We get to know you and make sure you are informed to make the best possible decisions. We truly care and get to know our clients very well. Our attorneys don’t need time to refresh our memories about your case; we will know all about it when you call or come in to speak to us. Our legal team will give you the personalized attention that you deserve.