How Our South Carolina Wrongful Death Attorney Helps You Avoid Critical Mistakes When Seeking Damages
Following the tragic loss of a loved one, grieving families may be at a loss for what to do next. If the passing was the direct result of someone else’s negligence or deliberate action, you may have the legal right to recover damages by filing a wrongful death claim in South Carolina. Because the process intersects with such a tragic time, people unknowingly stumble into common mistakes that could jeopardize their pursuit of justice. Partnering with an experienced South Carolina wrongful death attorney at Pracht Injury Lawyers can help you avoid these missteps as you seek to secure a just resolution.
Don’t Make These Crucial Wrongful Death Case Errors
Even the smallest lapse in judgment could potentially undermine your wrongful death claim. It’s important to avoid these common mistakes in order to maximize your chances of securing a fair recovery.
Waiting to File Your Claim
Emotions run high after a death in a family. Between making funeral arrangements and settling final affairs, filing a legal claim for damages can get pushed aside for later. Don’t delay. You must act quickly in wrongful death cases for several reasons. The statute of limitations in South Carolina is typically three years. Being proactive is critical to preserve evidence and provides you and your lawyer with more time to gather evidence and build the strongest case possible.
Discussing the Wrongful Death in Public
Anything put out into the public sphere can be misconstrued or misinterpreted. The insurance company for the at-fault party can use this as evidence, working to limit or deny their client’s liability. Even if you’re furious with the individual, company, or organization whose negligence led to your loved one’s passing, don’t speak about the case in public. This includes talking to news reporters as well as posting candidly on social media. Until the case is fully closed, request that everyone respect your privacy at this time.
Speaking Openly With Insurance Companies
After you file a wrongful death claim, an insurance adjuster may call you to confirm some details. This is equally true in fatal drunk driving accidents, nursing home abuse cases, and drowning deaths. While the caller may appear friendly and sympathetic, you must recognize that they’re not on your side—their job is to look for opportunities to reduce or even deny your claim. If they call, direct them to contact your attorney instead.
Talking Directly With the Other Party
When larger organizations are involved, their representatives may be less likely to reach out to you directly. You’ll probably hear from their insurance provider or legal team. In cases with individuals though, like drowning in a neighbor’s private pool, the social dynamics can make things trickier. Even so, it’s best to avoid any direct communication until the case is closed.
Signing Medical Releases and Other Forms
Professionals representing the other party may ask you to sign a medical release form, presenting it as standard procedure. This is a top mistake to avoid after an accident where the other party may be held liable for damages. Share and discuss the form with your South Carolina wrongful death lawyer before signing anything.
Underestimating the Total Value of Damages
As soon as you accept a settlement, you forfeit the ability to seek any additional damages. Settling for a lesser amount is a common mistake. People may overlook certain long-term costs and expenses when calculating wrongful death damages. It’s not just about immediate medical bills and lost wages.
Wrongful death damages must account for long-term loss of potential income, loss of consortium, pain and suffering, and other costs. Valuing a claim of this magnitude requires extensive skill in these tragic cases. As one example, we worked with the family of Zerihun Wolde following his drowning death in Horry County. They were awarded over $20 million in total damages, including $7 million in punitive damages.
Proceeding Without a South Carolina Wrongful Death Lawyer
Legal matters surrounding a wrongful death claim are nuanced and complex. Allow Pracht Injury Lawyers to represent your best interests, navigate these complicated waters, avoid mistakes, and develop the strongest case possible. A knowledgeable lawyer can explain the differences between wrongful death and survival action cases, working with your family through the whole process of recovery.