Available 24/7Aiken wrongful death lawyer Taylor S. Braithwaite can represent you if you have lost a loved one. Losing a family member because of a neglectful or wrongful act is devastating. However, you can have the representation of a wrongful death lawyer to seek justice and compensation.
Contact the Law Office of Taylor S. Braithwaite to talk about your situation and start your case today.
Lawyer Representing Families in Wrongful Death
Taylor S. Braithwaite is an experienced lawyer, Marine Corps veteran and a former JAG and Civil Affairs Officer. He believes that each legal claim should be pursued with a precise and adaptable case plan. From his offices in Aiken, SC, he represents clients throughout the Central Savannah River Area.
Wrongful death can occur in many ways, including:
- Car accidents
- Pedestrian accidents
- Bicycle crashes
- Slip and falls
- Medical malpractice
- Dog bites and animal attacks
- Exposure to toxic substances, chemicals
- Assault and battery, intentional harm
- Poisoning and drug overdoses
- Dangerous and defective products
Any personal injury that results in death may be a wrongful death. The victim may suffer an acute injury, or exposure to a harmful substance may be fatal over time.
If you have lost a loved one because of a preventable accident or purposeful harm, you may bring a wrongful death claim. A wrongful death claim serves several purposes. You may seek justice for your loved one, accountability for wrongdoers and an acknowledgment of the person’s life. The attention to the circumstances surrounding your loved one’s death may prompt changes and additional safety measures in the future. Finally, the financial compensation that you receive may assist with the victim’s final expenses and your future needs.
To see how we can help you and your family, call or message our law office.
Understanding Wrongful Death
What is wrongful death?
A wrongful death occurs when a person loses their life from a personal injury. Instead of the victim bringing their own claim for injury, survivors of the deceased victim bring a claim because of the loss of their loved one.
A claim may be based on:
- Wrongful act
- Neglect
- Default
Generally, survivors have a claim in a similar way that a person would be able to bring an injury claim if death had not occurred. Family members must prove that the neglectful or wrongful act resulted in the victim’s death.
Who may bring a wrongful death claim?
If you are the:
- Wife
- Husband
- Child
- Parent
- Heirs
You may benefit from a wrongful death claim. The case is brought in the name of the executor or administrator of the deceased person’s estate.
Compensation for Wrongful Death
S.C. Code § 15-51-40 details the compensation that survivors may receive for wrongful death. Damages should reflect the injury that results to the parties from the death of their family member.
There are many ways that family members suffer following the loss of a loved one to wrongful death.
Types of compensation awarded in a case may include:
- Lost financial support provided to family members
- Benefits ancillary to employment like the value of health insurance
- Care, support, guidance, love and companionship
- Final medical bills
- Funeral and burial expenses
- Pain, suffering and anguish
The loss of a loved one is likely to have personal and economic consequences. The family member may have provided financially or taken care of others. Family is enduring a great personal loss with pain, suffering and anguish. These losses may all be reflected in compensation for wrongful death.
How Are Damages Divided in a Wrongful Death Case?
There are often multiple surviving family members benefiting from a claim. In South Carolina, the law determines how wrongful death compensation is divided. The funds are split in the way that a person’s estate is divided when they don’t have a will.
When there is a spouse and children, the spouse receives one half and the children split the other half equally. If the deceased person left a spouse but no children, the spouse receives the full amount. When there are surviving children and no spouse, the children receive everything.
If the person has no spouse or children, parents may receive the proceeds of a wrongful death claim. Finally, heirs may receive the proceeds of a wrongful death claim if no closer family members exist.
Separately from the wrongful death claim, if the decedent had a will, the will still applies to the person’s estate.
If a parent did not support their child while the child was a minor, a party of interest may motion the court to limit that person’s recovery for their deceased child.
South Carolina Wrongful Death FAQs
What is the statute of limitations for wrongful death in South Carolina?
The statute of limitations for wrongful death in South Carolina is typically three years. The three-year limit begins to run on the death of the person. For government defendants, the statute of limitations is two years.
What is a survival action?
A survival action is a legal action brought by a person’s estate after a personal injury accident causing death. It addresses the losses of the deceased and their estate because of the personal injury. A survival action is different from a wrongful death claim, but the two claims may both occur after someone loses their life because of the negligence or wrongful act of another.
Can you bring a wrongful death claim if the person brought a personal injury claim before their death?
South Carolina wrongful death laws do not apply if the victim brought a personal injury claim to a judgment or trial before their death. (S.C. Code § 15-51-60).
Can exemplary damages be awarded in a wrongful death case in South Carolina?
South Carolina allows an award of exemplary damages when the defendant exhibited recklessness, willfulness or malice in committing the wrongful act that caused the victim’s death. Exemplary damages are also called punitive damages.
What happens if the person responsible for wrongful death also passes away?
If the person responsible for the wrongful death also passes away, the survivors bringing the wrongful death may continue the case against the wrongdoer’s personal representative.
If the defendant is charged with a crime, can you still bring a wrongful death claim?
Bringing a wrongful death claim doesn’t depend on whether there are criminal charges authorized against the party responsible. Survivors may bring their claim whether or not the offender faces criminal charges for what occurred.
How a Wrongful Death Lawyer Can Help You
At TSB injury law, our legal representation covers all the stages of a wrongful death claim. Here are some of the ways that we may assist you with your claim:
- Evaluating your situation and discussing the law with you
- Explaining the case process
- Understanding who may file a case and how to proceed
- Drafting legal documents
- Being your advocate and guide while you are grieving the loss of your loved one
- Building the evidence to prove legal liability
- Making sure the claim reflects the appropriate damages
- Responding to the defense and how they address the claim
- Engaging in settlement negotiations and possibilities to resolve the case
- Representing you at hearings and trials
- Answering your questions
Taylor Braithwaite is a responsive lawyer who looks for solutions for clients. When you have last-minute questions, he ensures your questions are answered. He adapts the case plan to developments.
With clear, straightforward legal representation, TSB Injury Law works methodically to pursue the interests of our clients.
Why Choose TSB Injury Law?
In Aiken, SC and throughout the Central Savannah River Area, TSB Injury Law represents survivors and families when they need us most. Highlights of our law firm include:
- With previous experience representing insurance companies, he has insight into what to expect from the defense. His passion is advocating for victims, but this background gives him an edge as he represents your interests.
- Each client agreement has the fair fee guarantee. We promise that your fees will never increase if the demands of your case increase. Plus, our fees will never exceed your recovery.
- Home visits are available. We can meet you in our offices or wherever it is convenient for you.
- Taylor Braithwaite is admitted in the South Carolina and Georgia state courts, the U.S. District Court of South Carolina and the United States Court of Appeals for the Fourth Circuit. He can determine the appropriate court to file your case and represent you wherever you need him.
- Lawyer Taylor Braithwaite is a graduate of The Citadel, and he holds a juris doctorate degree from Mercer University. He brings this training and discipline to every case and person that he is privileged to represent.
Speak With a Wrongful Death Lawyer in Aiken
The Law Office of Taylor S. Braithwaite is currently taking new cases in Aiken and the surrounding areas. To see how a wrongful death lawyer can help you and begin your claim, contact us now. Meet for a consultation and get a personalized case strategy. Get answers to your questions.
We can start working on your case today. Reach out to us in whatever way you are comfortable. Contact us now to begin.
