Wrongful Death Lawyer in Columbia
Claiming Compensation for the Loss of a Loved One
Contact us at Masella Law Firm, P.A. as early as possible after your family has lost a loved one to a fatal accident. Our team has a proven track record of success, and our lead attorney is a former prosecutor and judge, a background that can be of great benefit in pursuing this type of case.
If your loved one had had the right to file a personal injury claim, based on the fact that the accident was caused by another person's negligence or wrongful actions, you are most likely entitled to file a wrongful death claim. Under state law, the right of action goes first to the spouse or children, then to the parents, then to the heirs. Whatever the circumstances of your case, meet with us to review your options and determine how much you could receive in a settlement or jury verdict.
In South Carolina, most wrongful death and fatal accident claims are brought by the personal representative of the estate on behalf of the surviving family members. This can be confusing when you are already dealing with funeral arrangements and day-to-day responsibilities, so we take the time to walk you through who will actually sign documents, where the case will be filed, and how any recovery will be distributed. Because we regularly handle cases in and around Columbia, including matters in Richland County and surrounding courts, we are familiar with local procedures that can affect the pace and process of your claim.
Contact our trusted wrongful death lawyer in Columbia at (803) 938-4952 to schedule a confidential consultation.
Damages Recoverable for Wrongful Death in Columbia
If successful, your claim could make it possible for you to recover a settlement to cover all your economic losses, including medical costs, burial expenses, the income your family could reasonably have expected to receive had your loved one survived, and loss of spousal services. You can additionally claim non-economic damages for mental anguish and emotional distress, loss of society and companionship, and loss of consortium.
In cases where the death was caused by recklessness, willfulness, or malice, the jury may even decide to award exemplary or punitive damages. No amount of money will ever replace what you have lost, but we want to help you recover compensation to offset the significant financial impact of the accident.
When we evaluate a potential wrongful death case in Columbia, we look beyond the immediate bills to understand the long-term financial impact on your household. That may include future educational needs for children, the value of benefits such as health insurance that were provided through the deceased person's job, and the cost of ongoing counseling or support services for surviving family members. By carefully documenting these losses and working with appropriate financial professionals when needed, we can present a clearer picture to the insurance company or to a jury of how this death has changed your life.
With over two decades of experience working with family law, personal injury and criminal defense cases throughout South Carolina, we at Masella Law Firm, P.A. are prepared to guide you through the legal process. Click below to be taken to our secure payment page.
Who Can File a Wrongful Death Claim in South Carolina?
South Carolina law sets out specific rules about who can bring a wrongful death case, and understanding those rules helps families decide on their next steps. In most situations, the claim is filed by the court-appointed personal representative of the estate, even though the financial recovery is for the benefit of surviving family members. The law directs how any settlement or verdict is distributed among a spouse, children, parents, or legal heirs, depending on who has survived the deceased person.
When we meet with families in Columbia and nearby communities like Eastover, we review your family tree and any existing estate planning documents to see whether a personal representative has already been named. If one has not been appointed, we can explain how the probate process in Richland County or other local counties interacts with your potential wrongful death case. This helps ensure that the proper person has authority to act, deadlines are not missed, and the case is set up correctly from the very beginning.
How Our Firm Handles Wrongful Death Cases in Columbia
Losing a loved one suddenly raises practical questions that most people have never faced before, especially when another person's careless or wrongful conduct was involved. Our approach is to combine our nearly three decades of legal experience with clear, steady communication so your family always knows what is happening with the case. From the start, we gather the facts, identify the legal issues, and discuss realistic goals based on the circumstances and the available insurance coverage.
Because our attorneys have served as both prosecutors and judges in South Carolina, we are familiar with how evidence is evaluated in serious cases and with how local courts in and around Columbia operate on a day-to-day basis. We use that background to evaluate potential strengths and weaknesses, prepare for hearings, and advocate for your family professionally and thoroughly. Along the way, we make ourselves available to answer questions about timing, court appearances, and what to expect next so that the legal process feels more manageable.
Frequently Asked Questions
How Long Do I Have to Bring a Wrongful Death Claim in South Carolina?
South Carolina law gives families a limited amount of time to file a wrongful death lawsuit, and waiting too long can mean losing the right to pursue compensation. The exact deadline can depend on the facts of the case, so it is important to speak with a lawyer as soon as you can after a fatal accident in the Columbia area. An attorney can review the circumstances, calculate the applicable time limits, and take steps to protect your claim.
Will a Wrongful Death Case Require My Family to Go to Court?
Many wrongful death cases are resolved through settlement discussions with insurance companies rather than a full trial, but there is no single path that applies to every situation. Families may need to participate in certain steps, such as giving information, answering written questions, or attending a mediation. If a case does go to trial in a Richland County court or another local venue, your attorney will explain the process in advance and help you prepare.
What Costs Are Involved in Pursuing a Wrongful Death Claim?
Wrongful death cases can involve expenses such as court filing fees, charges for obtaining medical records and reports, and costs for experts who may help explain complex issues. Many law firms handle these claims on a contingency fee basis, which means legal fees are paid out of any recovery rather than up front. You should always ask exactly how fees and case costs will be handled so you understand the financial arrangement before moving forward.
Call Masella Law Firm, P.A., a qualified Columbia wrongful death attorney in South Carolina, today for your personal consultation!
