Wrongful Death Attorneys in Spartanburg, South Carolina
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One of the most traumatic shocks a family can suffer is losing a loved one due to someone else’s negligence. At Cummings & Lewis, LLC, we understand that there is no amount of compensation that will ever equal the value of the person you lost. As wrongful death lawyers in Spartanburg, SC, we feel it is vital to pursue justice in these matters. Additionally, you will accrue costs quickly from medical expenses to funeral costs and burial, and this just adds further pain to your life as a result.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim filed when a person dies due to the negligence or misconduct of another party. This type of lawsuit allows surviving family members or beneficiaries to seek compensation for their loss, including funeral expenses, lost income, loss of companionship, and emotional distress. The claim can be brought against individuals, businesses, or government entities responsible for the death.
This is a challenging time for you, and we take the burden of dealing with insensitive insurance adjusters and court paperwork off of your plate and let you focus on healing. Whether your case could be settled out of court or needs to go in front of a judge and jury, take confidence in knowing that the South Carolina wrongful death lawyers at Cummings & Lewis, LLC are licensed to practice in all South Carolina State and Federal Courts.
Wrongful Death Attorney in Spartanburg, SC
Avoid delaying a consultation with a trustworthy Spartanburg wrongful death attorney in South Carolina, if you or a family member suffered injuries in an accident that resulted in death. It is essential to know that South Carolina state law only allows claimants three years to pursue a wrongful death claim from a private entity, or two years to pursue a claim from a Government entity; and the clock begins running on the day of death, which may be on or after the date of their accident. The statute of limitations begins when a person dies and could differ from the day of their accident.
How to File a Wrongful Death Lawsuit
- Consult a Wrongful Death Attorney: Seek legal advice from a lawyer experienced in wrongful death cases to evaluate the merits of your claim.
- Gather Evidence: Collect all relevant documentation, including medical records, police reports, and witness statements, to support your case.
- Identify the Responsible Party: Determine who is liable for the death, such as an individual, corporation, or government entity.
- File the Wrongful Death Claim: Prepare and file a formal complaint in the appropriate court, outlining the details of the case and the compensation sought.
- Negotiate or Go to Trial: Engage in negotiations with the opposing party or proceed to trial if a fair settlement cannot be reached.
If your case involves medical malpractice, it becomes more complicated and has a statute of limitations that starts with the date of injury or should have been discovered. The South Carolina state law only allows claimants three years to pursue a claim from a private entity, and only two years to pursue a claim from a Government entity. The complex nature of wrongful death cases demands legal counsel that has practical knowledge of this area of law to ensure you receive the compensation due to your claim.
What Consists of Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the expected standard of care, resulting in harm to a patient. Key components include:
- Duty of Care: A professional relationship where the provider is expected to care for the patient.
- Breach of Duty: Failure to meet the standard of care, such as errors in diagnosis or treatment.
- Causation: A direct link between the provider’s negligence and the patient’s injury.
- Damages: Actual harm suffered by the patient, including physical injury and financial losses.
- Informed Consent: Failure to adequately inform the patient about treatment risks and benefits.
To succeed in a medical malpractice claim, all elements must be proven by a wrongful death lawyer.
Hire an Experienced Wrongful Death Lawyer in South Carolina
As experienced Spartanburg wrongful death lawyers in South Carolina, we advise against attempting to represent yourself in these cases. Insurance companies will not show care or compassion for your situation and take advantage of your vulnerable situation to find a way for denial. You and your family’s best interests are not of concern to these massive corporations, and they will do whatever it takes to protect their bottom line.
Cummings & Lewis, LLC, wants to be here for you and act as your Spartanburg wrongful death law firm, to protect your rights and recover full compensation. Because we operate on a contingency basis for all claim situations, we don’t get paid until you get paid and we don’t get paid unless you win, so you pay nothing upfront.
Wrongful Death Facts & Statistics
- In 2020, there were approximately 1,200 reported wrongful deaths in South Carolina, according to data from the South Carolina Department of Health and Environmental Control.
- Among these cases, car accidents accounted for approximately 40% of wrongful death incidents, while medical malpractice and workplace accidents each comprised about 20%.
- On average, families who pursued wrongful death lawsuits in South Carolina received settlements ranging from $500,000 to $1.5 million, depending on the circumstances and severity of the case.
How Long to Settle a Wrongful Death Suit
The timeline for settling a wrongful death lawsuit can vary significantly based on several factors, including the complexity of the case, the willingness of parties to negotiate, and the court’s schedule. Generally, it can take anywhere from a few months to several years to reach a settlement or finalize a trial. Some cases may resolve quickly if liability is clear, while others may require extensive investigation and litigation, prolonging the process.
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Alex P. Lewis &
W. Blake Cummings
Named Super Lawyers in 2023
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