Negligence leading to death is one of the most devastating and emotionally painful situations a family can face. In Charleston, Charleston County, North Charleston, and across South Carolina, this typically occurs when someone’s negligent actions, or failure to act, result in fatal injuries. Whether the tragedy stems from motor vehicle accidents, motorcycle accidents, or errors in medical care, surviving loved ones may be eligible to pursue civil action against negligent parties to hold the death accountable.
At Ted Law Firm, one of the trusted wrongful death law firms in the region, we help grieving families pursue justice and financial compensation. Our personal injury attorneys offer strategic legal advice during this challenging time and work to secure a fair settlement or, if necessary, pursue a civil lawsuit.
This guide will help you understand how duty of care, breach of duty, and other legal principles apply to wrongful deaths, and what steps to take if your loved one’s human life was tragically and wrongfully lost.
What Is Negligence Under South Carolina Law?
Negligence means failing to meet the standard of care a reasonable person would exercise under similar circumstances. Under South Carolina Code § 15-51-10, if this failure causes a fatal accident, the incident may lead to a wrongful death civil claim.
To pursue compensatory damages, the burden of proof lies with the plaintiff and must demonstrate:
- Duty of Care – The defendant had a legal obligation.
- Breach of Duty – That duty was violated.
- Causation – The breach of duty caused the death.
- Damages – There were emotional losses, economic damages, and non-economic damages.
Common Causes of Wrongful Death in Charleston
Violations of traffic laws, such as drunk driving, speeding, or texting while driving, can cause Fatal Car Accident cases. These may involve motorcycle accidents, Bicycle accidents, or pedestrian deaths, all resulting in severe fatal injuries.
- Accident reconstruction specialists and accident reports are often used to understand the accident scene and establish negligence.
2. Medical Malpractice
A surgical error, misdiagnosis, or incorrect treatment may amount to medical care negligence. Fatal birth injuries or medication mistakes in nursing homes may also lead to claims.
3. Workplace Accidents
A construction site accident or factory explosion due to lack of safety protocols can leave unconscious victims, leading to criminal charges or civil lawsuit proceedings.
4. Premises Liability
Property owners are responsible for guest safety. Unsafe conditions like broken railings or poor lighting can result in fatal injuries, holding the owner legally liable.
5. Defective Products
When manufacturers fail to warn about dangerous flaws, the consequences can be deadly. These cases fall under product liability law, and surviving families may claim compensatory losses.
Who Can File a Wrongful Death Claim in Charleston County?
Under South Carolina law, wrongful death claims must be filed by the executor or administrator of the deceased party’s estate. This includes filing within a specific period of time, known legally as the time limit or statute of limitations.
Common recoverable damages include:
- Medical Costs
- Funeral costs
- Burial expenses
- Loss of consortium
- Economic and non-economic losses
- Fair compensation for the entire settlement
We Understand This Is a Challenging Time
The entire process of filing a civil lawsuit can be overwhelming. We provide clear guidance, explain your options in plain language, and offer compassionate support to help you through the challenging time.
Whether you’re concerned about financial hardships, financial losses, the cost of living, or the loss in quality of life, our firm is here to help.
We’ll help you establish the standard of proof, consult with accident reconstruction specialists, and ensure all legal action is handled professionally.
Why Choose Ted Law Firm
- We have a deep understanding of personal injury claims and wrongful death law.
- We fight aggressively for fair compensation and full compensatory damages.
- We collaborate with community partners and care about the business community in Charleston County and beyond.
Contact us today for personalized legal advice from experienced personal injury attorneys. We’ll help you determine the right course of legal action to seek justice for the deceased victim. Ted Law Firm proudly serves clients throughout Aiken, Greenville, Columbia, Myrtle Beach, and Atlanta,supporting individuals and families across South Carolina and Georgia. We are committed to providing trustworthy legal advice when it matters most. In your toughest moments, you can count on Ted Law Firm to stand with you.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
