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When a fatal accident happens in Aiken County, the legal questions do not stop with who caused it.
A wrongful death claim can involve identifying every responsible party, preserving important evidence, and understanding the full financial and personal impact the death has had on the family.
Our experienced Aiken County wrongful death lawyers at Hawk Law Group can investigate what happened and help your family understand its legal options.
Hawk Law Group’s trial attorneys have more than 71 years of combined experience and an office right here in Aiken. The firm’s wrongful death case results include recoveries of $1.85 million, $975,000, and $850,000.
Money won’t turn back time or bring your loved one back. However, it can help limit the financial burden your family experiences in the wake of a tragic loss. A successful wrongful death action can also provide a bit of closure as the person responsible for your loss is held accountable.
Now is the time to grieve, not navigate the complexities of a legal challenge for damages. That’s where Hawk Law Group and our top-rated Aiken County personal injury lawyers can help.
Our lawyers have received recognition as “Super Lawyers”, “Rising Stars” and “Top Lawyers”, among other top legal directories such as Justia, and more.
We’ll be there to handle every aspect of your case from start to finish:
Get 71+ years of experience and a team that’s won hundreds of millions of dollars in your corner. Give yourself the proper opportunity to grieve and move forward. Leave the litigation to our trusted wrongful death lawyers in Aiken County. Contact our law office today to learn more.
In South Carolina, wrongful death is defined as a death resulting from another person’s “wrongful act, neglect or default.”
Families have the right to initiate a wrongful death action if the victim would have had grounds to file a lawsuit if they had survived.
Often, wrongful death actions are filed after avoidable accidents in Aiken County, such as:
Whenever a death could have been avoided, a wrongful death lawsuit might be an option for surviving family members.
Under South Carolina state law, the administrator of the victim’s estate has the right to file a lawsuit after a fatal accident.
Here’s who can benefit from that legal action:
While the administrator takes care of filing the wrongful death lawsuit, the surviving beneficiaries are the ones to receive the financial award.
Every case is different. That’s because every situation is unique. The death of a family member can have drastically different impacts from one person (and family) to the next.
According to the National Safety Council, the average comprehensive cost of a fatal car accident injury in 2019 equaled more than $11,148,000. Economic costs of a fatal car crash alone totaled more than $1.7 million.
Ultimately, however, many factors will influence the value of a wrongful death case in South Carolina:
Don’t underestimate the impact of a family member’s death – now and in the future. Don’t trust an insurance company to tell you what your case is worth. Hire an Aiken County wrongful death attorney who is willing to stand up and fight to ensure that your case is valued properly and that you’re awarded just compensation for your tragic loss.
Both economic and non-economic damages can be awarded in Aiken County wrongful death actions. In limited instances, punitive damages may also be available.
Economic damages are paid to offset the financial cost and impact of a fatal accident, such as:
Non-economic damages are awarded to compensate for the consequences of a fatal accident that aren’t easily valued in terms of dollars and cents.
These can include money for:
Punitive damages, also known as exemplary damages, are reserved for situations where the defendant’s conduct is so outrageous that punishment is warranted. These damages are awarded in addition to any economic and non-economic damages.
Typically, you’ll have three years to file a wrongful death lawsuit in the state of South Carolina. The clock on the statute of limitations begins to run when the victim dies. This may or may not be the same date as the fatal accident.
Some circumstances might cause the statute of limitations to be different. That could mean having more or less time to act. However, this tends to be the exception, not the rule. And, if you miss the deadline that applies to your case, you’ll give up the right to demand the compensation you deserve.
You can still recover compensation as long as they’re not mostly to blame. South Carolina operates under a modified comparative fault system. Once one’s liability exceeds 50%, you lose the right to file a claim for damages.
Sharing some but not most of the blame won’t bar recovery, but it will affect how much money your family can get. Damages will be reduced to reflect the victim’s share of the blame.
Let’s say your family member is killed in a fatal truck accident in Aiken County, SC. They were struck by a truck driver who was texting behind the wheel. However, your loved one was speeding at the time of the crash. It’s determined that the trucker is 80% at fault. The remaining 20% of liability is assigned to the victim. When a wrongful death action is filed, your family’s financial award will be reduced by 20%.
Probably. While some wrongful death actions will involve strict liability, like those involving defective products, most are based on negligence.
Negligence means that someone didn’t act with reasonable care and, as a result, caused another person’s death.
To establish negligence and win your wrongful death lawsuit, you’ll have to prove each of the following things:
If you’ve experienced the tragic loss of someone you love in a fatal Aiken County accident, you shouldn’t be worrying about the nuances of legal action. Instead, you should be focused on grieving, remembering your family member, and finding a way to move forward. That’s where our South Carolina personal injury lawyers can help.
The Aiken County wrongful death lawyers at Hawk Law Group are here to help you fight for financial justice. If you’ve lost a family member, trust our law firm to help you make things right. We’ll put decades of experience and a recognized track record of success behind your pursuit of compensation.
Contact our law offices in Aiken County, South Carolina to get started. Your first consultation is free, so call now.
Our Aiken, SC personal injury law office also provides:
Did you sustain an injury at work or develop an occupational illness? If so, hiring an experienced Aiken County Wrongful Death Lawyer can be essential for your fight for benefits.
(888) 771-1110The personal injury lawyers at Hawk Law Group represent accident victims throughout the Central Savannah River Area, including Augusta, Avera, Belvedere, Blythe, Crawfordville, Davisboro, Evans, Gibson, Grovetown, Harlem, Hephzibah, Jackson, Lincolnton, Louisville, Martinez, Millen, New Ellenton, North Augusta, Sandersville, Sparta, Stapleton, Thomson, Warrenton, Waynesboro, and all surrounding communities in Aiken, Edgefield, and Richmond Counties.
Hawk Law Group is a personal injury law firm serving clients in Augusta, GA, and surrounding areas. With over 71 years of combined experience, we have recovered hundreds of millions on behalf of injury victims. Contact us for help today.
