Gaffney Wrongful Death Lawyer

If you have lost a loved one due to someone else’s reckless actions, you face not only grief but also the reality of the situation. Your family must cope with the financial loss of an income and the absence of the emotional support and guidance that spouses and children depend on.

If your loved one could have won a personal injury lawsuit against the at-fault party, your family can probably prevail in a wrongful death lawsuit. A Gaffney wrongful death lawyer from Holland & Usry can evaluate your case at no charge and determine how best to proceed to get compensation and justice.

What Is a Wrongful Death?

To prevail in a wrongful death action, your attorney must prove the at-fault party’s negligence, a legal term meaning carelessness, is the cause of your loved one’s death. All people have a legal duty to others to behave like a reasonable person would in the same situation. If they fall below that standard, causing an accident that injures or kills someone, negligence is established. For instance, a speeding drunk driver is breaching the duty to drive safely and is endangering all who share the road. It is foreseeable that the driver will cause an accident that could injure or kill another motorist, pedestrian, bicyclist, or motorcyclist. If a victim is killed, a wrongful death case is appropriate.

Other than vehicular accidents, including DUI and tractor-trailer crashes, wrongful deaths commonly occur because of:

  • Nursing home neglect or abuse for which the facility can be held liable
  • Defective products
  • Medical malpractice by the physician and the hospital
  • Slip or trip and falls
  • Criminal activity

A Gaffney wrongful death attorney will gather, preserve, and scrutinize evidence, talk to witnesses, review police and medical reports, and employ expert witnesses when necessary. Contact Holland & Usry for your FREE case review today.

Filing a Wrongful Death Claim in South Carolina

According to South Carolina Code of Laws § 15-51-20, the deceased person’s personal representative, the party either named in the will to oversee the victim’s estate or appointed by the probate court, is the party who files a wrongful death claim on behalf of the family.

Damages can cover lost income, final medical expenses, and the emotional trauma suffered by certain family members. Compensation is first awarded to the deceased’s spouse and children. If there are no spouse or children, the parents receive the funds, and if the parents are also deceased, other heirs may inherit the money.

After a wrongful death in Cherokee County, your family should not have to worry about the sudden change in finances. Let a Gaffney lawyer from Holland & Usry handle the case on your behalf.

Time to File a Wrongful Death Action Is Limited

There is a time limit on filing a wrongful death action, known as the statute of limitations. Depending on who the at-fault party is, you have two to three years to file. The time clock begins ticking at the time of the accident for the wrongful death. A Gaffney accidental death lawyer will discuss your alternatives during your FREE case review.

Contact a Gaffney Wrongful Death Attorney for a FREE Case Review

Your grief is personal. The Gaffney wrongful death lawyer you work with at Holland & Usry respects and honors that and will put you and your family first to get you through this trying time. Your attorney will work with the personal representative of your loved one’s estate to get your family the compensation they are owed from a negligent, at-fault party.

Call now for a FREE case review and learn what an attorney can do for you.