Charleston Wrongful Death Claims: How the Settlement Process Works

Losing a loved one is devastating. When that loss stems from another's negligence, the pain is even more acute. While no amount of money can undo the tragedy, a wrongful death settlement can provide a measure of justice and stability in a time of grief. 

The experienced Charlotte wrongful death lawyers at the Law Office of Sean M.  understand the depths of a family's anguish at the tragic loss of a loved one and the importance of advocating fiercely on their behalf. We’re here to offer you compassion during your grief while aggressively fighting for the justice and compensation you deserve.

What Types of Compensation Can Be Recovered in a Wrongful Death Claim?

Wrongful death settlements aim to provide justice and financial compensation to grieving families. While no amount can truly compensate for the profound loss of a loved one, recovering damages can help alleviate the economic impact and recognise the immense emotional toll. Compensation that you can obtain when filing a wrongful death claim falls into two broad categories:

• Economic damages. These tangible losses include medical expenses related to the deceased's final injury or illness, funeral and burial costs, and loss of future income and benefits they would have earned. For a primary breadwinner, this amount may span decades.
• Non-economic damages. Though more challenging to quantify, these subjective damages are equally vital. They include the family's emotional distress, pain and suffering, and loss of the care, companionship, guidance, and affection your loved one would have provided.

What Are the Most Critical Factors in Valuing a Wrongful Death Settlement?

Several key factors affect the potential recovery our lawyers can obtain for you in a wrongful death settlement. While every case is unique, these core factors consistently influence the outcome:

• Financial losses. The tangible economic impact, including medical bills, funeral expenses, and future lost income, forms the foundation of the claim's value.
• Victim's age and earning potential. If the deceased was young, a settlement can include compensation for decades of lost wages they would have earned. In addition, the value of a wrongful death claim can increase substantially if a loved one earned high wages before their death. 
• Dependents. If a decedent provided financial support for children, elderly parents, or a spouse, the settlement must account for their ongoing needs.
• Circumstances of the death. Cases involving clear negligence, intentional acts, or egregious conduct tend to yield higher settlements.
• Comparative negligence. When the victim was partially at fault in causing their accident, the value of a wrongful death claim will be reduced under South Carolina’s comparative negligence law.
• Intangible losses. Though harder to quantify, the emotional distress, loss of companionship, and pain and suffering of the family carry substantial weight and can increase a wrongful death settlement significantly.

What Are the Steps in the Wrongful Death Settlement Process?

Reaching a resolution requires a strategic approach and tenacious advocacy. While the timeline varies, most cases involve these key stages:

Assessing the Claim's Strength and Value

The first step is analysing the facts to determine the validity of the wrongful death claim. Our attorneys will evaluate and collect the supporting evidence, identify all negligent parties, and determine the full range of claimable damages. This phase provides the framework for the case.

Presenting the Demand and Negotiating

After thoroughly investigating and valuing the claim, our skilled wrongful death lawyers will submit a demand letter to the liable party's insurance company. This letter outlines the legal basis for liability and itemises the economic and non-economic damages you should receive in your settlement. The insurance company will most likely respond with an offer or raise disputes to your claim, which will likely lead to an extended negotiation to reach an agreeable figure.

Proceeding to Litigation if Needed

The majority of cases settle out of court. However, if the other side refuses to make a reasonable offer or the three-year statute of limitations to sue is about to expire, filing a lawsuit may become necessary. The lawyers at the Law Office of Sean M. Wilson prepare every case as if a trial is inevitable. This approach often motivates insurers to settle and positions the case for a successful verdict.

Disbursing the Settlement Funds

Once a settlement is reached, the funds are distributed to the deceased's estate. An executor or personal representative, often a spouse or an adult child, ensures that assets are appropriately distributed to the beneficiaries.

Why Choosing Our Experienced Charleston Wrongful Death Lawyers Matters

With so much at stake, working with our dedicated attorneys is critical to securing the wrongful death settlement you deserve. a fair settlement. Here are some ways our legal team will help you: 

• Investigate to gather compelling evidence to support your wrongful death claim
• Identify all potential avenues of recovery
• Calculate the full scope of your current and future damages
• Retain experts to testify about the liable party’s negligence and the compensation you should recover 
• Keep you informed about the status of your case and explain your options in an understandable, compassionate manner
• Negotiate forcefully with insurance companies and opposing counsel
• Prepare to litigate your case in court if settlement talks break down

You Need Compassionate Counsel for Your Wrongful Death Claim in Charleston

No wrongful death settlement can fill the void of losing a beloved family member. But it can alleviate financial stresses and create space to grieve without the burden of medical bills or lost income. At the Law Office of Sean M. Wilson, our wrongful death lawyers will serve as steadfast advocates to help you move forward after an unthinkable loss.