3 Tips to File a Wrongful Death Claim 

If you live in South Carolina and your loved one dies due to the negligence of another party, you have an obligation to file for a wrongful death claim. Wrongful death claim cases can be complicated, and most people tend to lose due to following the wrong strategy. Even though nothing can make for the death of your loved one, getting justice for them can help you heal and get compensation for the loss you experienced. The first step you need to consider is contacting Rock Hill Personal Injury Attorney experienced in wrongful death to help file your claim and guide you on the steps you need to take. This article will explore tips for filing a wrongful death claim.

1. Hire a Personal Injury Attorney

Most people will often start by filling a claim without consulting a personal injury attorney specializing in wrongful death. This can lead to errors in paperwork that might lead to the case taking longer than expected. Furthermore, understanding the laws surrounding wrongful death can be complicated, and you might interpret the law wrongly. Hiring a reputable and experienced lawyer can help you avoid common mistakes and help you know what to expect. Most people often fail to provide enough initial information on their claim of missing the Carolina statute of limitation.

2. Determine if Wrongful Death Occurred

Before filing a wrongful death claim, you must understand what happened to your loved one and if it constitutes wrongful death under the state’s definition. In Caroline, a family or loved one can file a wrongful death claim if they can prove that someone else negligence or wrongful act was the primary cause of death. When filling on the negligence-based claim, you need to prove that the negligent party owed your loved one a duty of care and they breached their duty of care. In addition, you need to prove that the party’s breach of duty caused your loved one injury, and lastly, you need to prove that your loved one and your family suffered damages due to the breach.

The attorney will review all your details and help determine whether you have all the necessary elements to file for wrongful death. They will also help you get evidence, such as a police report, and talk to witnesses to ensure you have all the proof needed to present your case.

3. Find Out Who Can File

Filing for wrongful death is not done by anybody. You must be among the privileged party to file for wrongful death and prove that it has caused suffering directly on your end. It’s crucial to note that each state has different laws regarding who has the legal right to file for wrongful death. In South Carolina, the right goes to the domestic partner or the deceased person’s surviving spouse first, then to the surviving children, and the issue of the deceased children second. If these parties don’t exist, the next party entitled to file wrongful death is anyone with the legal right to the decedent’s property based on the rules of intestate succession. You might be required to appoint a personal representative to make claims on behalf of the family.

End Note

Always engage with an attorney when filing wrongful death to ensure you have all the documents and evidence required when filing. In addition, ensure you file your claim before the deadline.