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    A rose being placed on top of a gravestone

    Losing a loved one because of someone else’s negligence or reckless behavior is devastating. The grief, anger, and uncertainty that follow can feel unbearable. No one should have to endure such a loss alone. If you are facing this difficult situation, you’ve come to the right place. A Charleston wrongful death lawyer can assist with all aspects of your claim, hold the responsible party accountable, and improve your chances of obtaining maximum compensation.

    Since 1968, Joye Law Firm has been helping families in Charleston, just like yours, seek justice after wrongful deaths. Our caring team will guide you through the legal process while ensuring you receive the compensation you deserve.

    While no amount of money can replace your loved one, fair compensation can ease financial strain and provide a sense of justice. Our team is ready to listen to your story, answer your questions, and fight for your family. Contact us today for a free consultation.

    Our Firm’s Commitment to Seeking Justice for Wrongful Death Victims

    At Joye Law Firm, we understand the profound impact of losing a loved one due to negligence. Our experienced attorneys fight to hold those responsible accountable and secure justice for grieving families.

    Justice for Avid Cyclist

    Kris Cotton, an adventurous spirit and devoted cyclist, was tragically killed while biking along Highway 17 in South Carolina. Despite following traffic laws, he was struck by a negligent driver who claimed Kris veered into his lane. Our investigation, led by attorney Jeff Gerardi, uncovered security footage disproving the driver’s claim. This key evidence resulted in a $1.25 million settlement for Kris’ family, providing justice and financial relief.

    Accountability for Annie O’Brien’s Tragic Death

    Mark JoyeSix-year-old Annie O’Brien was struck and killed by a car while exiting her school bus. Although the initial police investigation found no fault, our legal team uncovered that the bus company violated safety standards and had an unsafe drop-off point. Through diligent investigation and mediation, we secured a confidential settlement, holding the bus company accountable and offering closure to Annie’s grieving parents.

    Holding General Motors Accountable for Fatal Roof Crush

    A woman tragically lost her life when her 2002 Chevrolet TrailBlazer rolled over, causing the roof to crush inward. Joye Law Firm filed a claim against General Motors, arguing the roof was defectively designed and failed to provide adequate protection. Our legal team engaged experts to prove the roof’s weakness and General Motors’ awareness of the defect. After extensive litigation across multiple states, Joye Law Firm achieved a confidential settlement, providing the victim’s family with justice and financial relief and leading to higher vehicle safety standards in the industry.

    If you’ve lost a loved one due to someone else’s negligence, you need a law firm experienced in dealing with wrongful death cases. Contact us for a free consultation. We serve clients across South Carolina from our offices in Charleston, North Charleston, Columbia, Myrtle Beach, Summerville, and Clinton.

    What Constitutes a Wrongful Death in South Carolina?

    Wrongful death occurs when someone loses their life due to another party’s negligent, reckless, or intentional actions. South Carolina’s wrongful death laws allow certain family members to seek compensation when their loved one’s death could have been prevented if reasonable care had been exercised.

    Common Causes of Wrongful Death

    Many types of accidents and intentional acts can lead to wrongful death claims. Some of the most common causes include:

    • Motor Vehicle Accidents: Fatal crashes happen all too often in Charleston, from collisions on Savannah Highway to tragic wrecks along St. Andrews Boulevard and Sam Rittenberg Boulevard. Whether caused by a distracted driver, a drunk motorist, or a defective vehicle, these crashes can leave families grieving and searching for answers.
    • Medical Malpractice: A doctor, nurse, or hospital may be responsible for a wrongful death when medical negligence occurs. This can result from a misdiagnosis, surgical error, or medication mistake and can lead to fatal complications. This also covers cases related to nursing home abuse and negligence.
    • Workplace Accidents: Dangerous jobs in industries like construction, manufacturing, and shipping put workers at risk of fatal injuries. From accidents at the Port of Charleston to incidents at construction sites, these tragedies often stem from unsafe working conditions or defective equipment.
    • Defective Products: Manufacturers must ensure their products are safe. When a defective drug, faulty car part, or hazardous household product leads to death, the company responsible should be held accountable. Many wrongful death claims involving defective products fall under mass tort litigation, where multiple people suffer harm from the same issue.
    • Premises Liability Incidents: Property owners in Charleston County, including businesses, landlords, and government agencies, must maintain safe premises. A slip-and-fall, drowning in a poorly maintained pool, or a fatal attack due to inadequate security could lead to a wrongful death claim.
    • Negligent Security: When a person is killed due to assault, homicide, or other criminal acts at a place of business, the perpetrator may face criminal charges. However, families can also pursue civil action against the business owner if their actions or negligence led to the wrongful death.

    Who Can File a Wrongful Death Claim in South Carolina?

    South Carolina law limits who can file a wrongful death lawsuit. The legal process ensures that claims are pursued by those closest to the deceased, with the goal of securing financial support for grieving family members.

    The Role of the Personal RepresentativeFamily grieving over loss of a loved one due to negligence in Columbia, SC

    A wrongful death claim must be filed by the personal representative (executor) of the deceased person’s estate. If the deceased had a will, the named executor typically assumes this role. If no will exists, the court appoints a representative—often a surviving spouse, adult child, or another close relative. Although the representative files the lawsuit, compensation is meant for the deceased’s family members, not the representative personally.

    Who Receives Compensation from a Wrongful Death Claim?

    South Carolina law determines who benefits from a wrongful death settlement or verdict:

    • Spouse and Children: The surviving spouse and children receive compensation first. A spouse without children receives the full settlement. If there are children, the spouse gets half, and the children share the other half equally.
    • Parents of the Deceased: If the deceased had no spouse or children, the parents may recover compensation, provided they were involved in their child’s life.
    • Other Heirs: If no spouse, children, or parents survive, other heirs may receive compensation, following South Carolina’s inheritance laws.

    Wrongful death claims ensure that those left behind are not burdened with financial hardships due to someone else’s negligence. If you have questions about your eligibility to file a claim, Joye Law Firm can help.

    Compensation Available in Wrongful Death Cases

    A wrongful death lawsuit provides financial relief to families who have lost someone dear to them due to another party’s negligence or wrongdoing. While no amount of money can replace a life, compensation helps ease financial burdens and holds the responsible party accountable.

    Economic Damages

    These damages reimburse families for the financial losses caused by their loved one’s untimely passing.

    • Medical Expenses Before Death: Compensation for any medical care the deceased received due to the accident or negligence before passing. This includes hospital stays, surgeries, medications, and emergency treatments.
    • Funeral and Burial Costs: The cost of laying a loved one to rest can be significant, including funeral services, cremation or burial, and other related expenses.
    • Lost Wages and Benefits: Compensation for income the deceased would have earned to support their family, including lost salary, retirement benefits, and health insurance coverage.
    • Lost Future Earnings: If the deceased was the primary provider or contributed financially to the household, the surviving family members can seek compensation for the income their loved one would have earned in the future.

    Non-Economic Damages

    The loss of someone dear to you extends far beyond financial concerns. Non-economic damages address the emotional and personal impact on surviving family members.

    • Pain and Suffering: If the deceased endured significant pain before passing, compensation may be awarded for their suffering.
    • Loss of Companionship: Spouses can seek compensation for the loss of emotional support, love, and partnership.
    • Mental Anguish: Surviving family members may be compensated for the deep emotional suffering caused by the unexpected loss.
    • Loss of Care and Guidance: Children who lose a parent may be entitled to compensation for the loss of parental guidance, care, and support.

    Punitive Damages

    When wrongful death results from reckless, intentional, or grossly negligent actions, the court may award punitive damages. Unlike economic and non-economic damages, which compensate the family, punitive damages serve to punish the at-fault party and deter similar behavior from others. These are more common in cases involving drunk driving, criminal acts, or extreme corporate negligence.

    Damages Caps

    South Carolina law limits or “caps” the amount of compensation you can receive in certain wrongful death cases. There are two main damage caps in South Carolina. One is a cap on the amount of compensation you can recover in a wrongful death lawsuit involving medical malpractice.

    You can receive no more than $350,000 in non-economic damages from a single healthcare provider, such as a doctor, nurse, or health facility. If you file a lawsuit against three or more healthcare providers, you could recover up to $1.05 million. The other cap involves punitive damages, which are only available in certain cases to punish a defendant’s outrageous or malicious conduct. Punitive damages are limited to either $500,000 or no more than three times the amount of actual damages awarded, whichever is more.

    If you have lost a loved one due to someone else’s careless or wrongful actions, Joye Law Firm can help you seek the compensation your family deserves.

    Time Limits for Filing a Wrongful Death Claim

    South Carolina law sets a strict deadline for filing a wrongful death lawsuit. Taking legal action within the required timeframe ensures that families can pursue justice and financial compensation for their loss.

    South Carolina’s Statute of Limitations

    Under South Carolina Code § 15-3-530, wrongful death claims must typically be filed within three years from the date of the person’s passing. If a lawsuit is not filed before the deadline expires, the court may dismiss the case, preventing the family from recovering compensation.

    Why Acting Quickly Matters

    Waiting too long to pursue a wrongful death claim can weaken the case. As time passes, critical evidence may disappear, witness memories may fade, and insurance companies may use delays to dispute liability. Early action allows attorneys to gather necessary documentation, build a strong case, and negotiate from a position of strength.

    Exceptions to the Standard Time Limits

    Certain situations may extend or shorten the deadline:

    • Government Liability: If the wrongful death resulted from negligence by a government entity or employee (such as a fatal accident involving a Charleston County public works vehicle), a separate legal process applies, and the deadline may be shorter.
    • Delayed Discovery of Negligence: If the cause of death was not immediately known, the clock may start running from the date the negligence was discovered rather than the date of death.
    • Minors as Beneficiaries: If the deceased’s child is a minor, they may have additional time to pursue certain claims related to their loss.

    Determining the correct time limit for your case requires careful legal assessment. Our attorneys ensure wrongful death claims are filed on time and handled with careful attention. If you have questions about how much time remains to take action, contact us as soon as possible to discuss your case for free.

    How Our Charleston Wrongful Death Attorneys Can Help

    A wrongful death lawsuit involves more than filing paperwork. Our legal team builds strong cases by:

    • Investigating the Circumstances: Gathering police reports, medical records, and eyewitness statements.
    • Collecting Key Evidence: Analyzing accident scenes, surveillance footage, and expert testimony.
    • Working with Experts: Consulting medical professionals, accident reconstruction specialists, and financial analysts.
    • Dealing with Insurance Companies: Holding insurers accountable when they attempt to undervalue claims.
    • Negotiating Settlements: Fighting for fair compensation while keeping your family’s best interests in mind.
    • Pursuing Litigation: Taking the case to court if the responsible party refuses to offer fair compensation.
    • Providing Family Support: Guiding clients through the legal process with respect and compassion.

    Why Choose Joye Law Firm?

    Selecting the right law firm after losing someone dear to you to wrongful death is an important decision. Families in Charleston trust Joye Law Firm because of our commitment to justice, our extensive experience, and our compassionate approach to every case.

    Proven Success in Wrongful Death Cases

    Since 1968, our firm has fought for families who have lost loved ones due to negligence. We have secured substantial settlements and verdicts, including the largest wrongful death verdict in the history of Charleston County. Our results reflect our dedication to obtaining fair compensation for our clients.

    Familiarity with Charleston CourtsSophia talking on the phone with a client

    Charleston has unique local court procedures, judges, and insurance defense tactics. Our attorneys understand how wrongful death claims are handled in Charleston County courts, which allows us to anticipate challenges and advocate effectively for families in this community.

    Extensive Resources and Investigative Support

    Wrongful death cases require thorough investigation and strong evidence. Our firm has access to:

    • Accident reconstruction specialists who can analyze fatal crashes on Folly Road Boulevard or the Ashley River Bridge.
    • Medical experts who can testify in cases involving future medical needs and ongoing treatment.
    • Financial analysts who calculate the long-term impact of lost income and benefits.

    These resources help us build the strongest case possible for our clients.

    Compassionate Legal Representation

    Losing a loved one changes everything. We understand the grief and hardship families experience, and we approach every case with respect and care. Our team provides legal guidance while allowing you to focus on healing.

    No Fees Unless We Recover Compensation

    Our firm operates on a contingency fee basis, meaning you don’t owe us anything unless we secure financial recovery for you. This ensures that families can seek justice without worrying about legal costs upfront.

    Recognized and Respected Legal Team

    Joye Law Firm has earned recognition for excellence in wrongful death litigation. Our attorneys have been honored with industry awards and are known for their dedication to client success.

    Let Joye Law Firm Fight for Your Family

    When a loved one’s death results from someone else’s negligence, you deserve a legal team that will fight for justice and fair compensation. Joye Law Firm is ready to stand by your side.

    FAQs About Wrongful Death Claims in South Carolina

    Charleston Wrongful Death

    How long does a wrongful death claim take?

    Each case is different. Some claims settle in months, while others require more time if they go to trial. The complexity of the case and the willingness of the other party to settle influence the timeline.

    Can a wrongful death claim be filed if the deceased had no income?

    Yes. Even if the person was not working, their contributions to the family—such as childcare, household support, and guidance—hold significant value.

    What if the deceased was partially at fault?

    South Carolina follows a comparative negligence rule. If the deceased was less than 50% responsible, the family may still recover compensation, but the amount could be reduced.

    Do all wrongful death cases go to trial?

    Most cases settle before ever reaching court. However, if the at-fault party refuses to offer fair compensation, we can take your case to trial and fight for the compensation you need.

    Contact Our Charleston Wrongful Death Attorneys Today

    Your family deserves justice, and Joye Law Firm is here to help. Let us handle the legal fight while you focus on remembering your loved one. Call (888) 324-3100 today for a free consultation, and let’s discuss how we can support you in seeking the compensation you deserve.

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