Wrongful Death

Helping Victims of Fatal Accidents

Nothing can replace the loss of a loved one, but the person or company responsible for your loss can be held accountable. We understand that no amount of financial compensation can make your loss any easier. Many of our clients do find closure more attainable when we have helped them investigate the circumstances of their loved one’s death and taken appropriate legal action against responsible negligent parties.

The Columbia injury attorneys at Proffitt & Cox have handled many cases involving serious injuries and fatalities.  We invite you to review our past cases and the comments from our past clients to see if we might be the right firm for you. If you are ready to speak to us, please call (803) 834-7097 to schedule a confidential, no-obligation, free consultation.


Filing a Wrongful Death Claim

In cases involving wrongful death, the damages recoverable by the beneficiaries can include funeral expenses, the lost financial support of the victim, loss of companionship and the grief and sorrow suffered by the family members left behind. If the decedent suffered conscious pain and suffering prior to his or her death, then the decedent’s estate also can bring a separate action, called a survival action, in which the estate is entitled to claim damages.Your family may be entitled to bring a wrongful death lawsuit against any negligent person or party whose carelessness caused the death of someone you love.This includes recovery for the decedent’s pain and suffering, emotional distress, mental anguish and the decedent’s financial losses, such as lost wages and expenses incurred for medical treatment, if applicable.

In either a wrongful death action or a survival action, the named plaintiff is the Personal Representative (executor) of the decedent’s estate, so it is necessary for the one of the family members to be appointed as the personal representative by the Probate Court before the wrongful death lawsuit and survival action can be filed. Opening of an estate and appointment of a personal representative is necessary even if the deceased family member had little or no assets. The good news is that opening an estate in the Probate Court is a very simple and inexpensive process. Often the client can open the estate with the assistance of the staff members at the Probate Court without any need for the assistance of an attorney. However, if you require or prefer to have our assistance in helping open or probate the estate, we are able to assist you in that regard.

Your family may be entitled to bring a wrongful death lawsuit against any negligent person or party whose carelessness caused the death of someone you love. Some examples of those who can have wrongful death claims filed against them are:

  • A driver or employer at fault for a car accident – Speeding, distracted driving, drunk driving and other forms of negligent behavior on the road may cause an accident that contributes to the wrongful death of an individual. In truck accidents involving commercial vehicles, the families of those affected may be entitled to seek compensation from the company that employs the driver as well as other third parties.
  • A manufacturer of a defective product – When a company designs a defective product, uses low quality materials when manufacturing or fails to warn the public of any potential dangers, that company may be liable for any damages caused by the product. If a defective product causes the wrongful death of an individual, their surviving family members may have the right to file a claim against the manufacturer.
  • A physician who provided negligent medical care – If a medical provider is negligent in diagnosing or treating a medical condition and that negligence causes a wrongful death, the medical provider may liable for medical malpractice in a wrongful death lawsuit.
  • Someone who intentionally injured the victim – Not all actions that cause wrongful deaths are caused by accidental negligence. If someone purposely injures the victim and this injury leads to a wrongful death, even if the assailant did not intend to kill, families of wrongful death victims may seek to file suit again those responsible separately from any criminal charges.

How to Get Legal Representation For a Wrongful Death Case

Our attorneys pride themselves in providing help when you need it most. Effective legal representation is never more needed than when a loved one’s life has been lost due to the negligence or wrongdoing of another. Contact Proffitt & Cox today by calling our South Carolina injury attorneys at (803) 834-7097 or toll free at (877) 276-0533.

Confidential Free Consultations; No Attorneys Fees Unless You Receive Compensation

We understand that when an injury occurs, people are concerned about medical expenses, lost income, and compensation for their pain and suffering and other damages. We can answer these questions, and more importantly, we can put our experience to work immediately toward helping victims of careless or wrongful conduct obtain prompt and appropriate compensation.

We offer free initial consultations for all injury cases. We handle injury cases on a contingency fee basis which means that our fees are a percentage of what we recover for you. You will not owe us any attorney’s fees in such cases unless we are successful in obtaining compensation on your behalf.

Our South Carolina accident attorneys have recovered over $30 million in verdicts and settlements for our clients. These claims involved automobile accidents, trucking accidents, harmful prescription drugs, medical malpractice, product liability, slip and fall accidents and class action cases. Review our representative cases to see some of our past successes and review our client testimonials to see what some of our clients have to say about us.

Free Case Review

Contingency fees are calculated based upon the gross amount recovered. Case costs paid by the firm are also reimbursed to the firm from the amount recovered. In most cases, the client will not be responsible for case costs if there is no recovery. Our agreement regarding fees and expenses applicable to your specific case will be provided in writing.

Any result our lawyers may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients. Each case must stand on its own merit based upon the facts and the law. Some cases referenced were handled by our attorneys while working at other firms, and in some cases, other lawyers participated in the representation of a client.