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Columbia Wrongful Death Lawyers

Did you lose a loved one in an accident involving a tractor-trailer or another large truck? Was it caused by the truck driver’s or trucking company’s careless actions? If so, contact Goings Law Firm, LLC immediately to learn about your legal options for pursuing financial compensation in an insurance claim or lawsuit.

Commercial trucks, a fixture of the U.S. driving experience, can easily become a threat to everyone on the road if the driver is negligent, the trucking company has failed to maintain the vehicle, or the truck malfunctions due to a design defect. A collision with a commercial truck, in Columbia or elsewhere, is likely to cause serious damage, including injury and in the worst cases, death. It is tragic when a wrongful death occurs due to an irresponsible truck driver or company, as this accident was likely preventable.

At Goings Law Firm, LLC, our Columbia legal team understands the challenges a family must cope with following an incident of wrongful death. We believe that a grieving family should focus on recovering and not have to worry about any expenses associated with the accident. Our Columbia wrongful death attorneys may fight tirelessly on your behalf in the pursuit of financial restitution from the parties responsible for the death of your loved one.

For a free consultation with an experienced and dedicated lawyer from Goings Law Firm, LLC, call us today at (803) 350-9230.

Common Types of Commercial Trucks

Commercial trucks are a common sight on Columbia roadways. They’re vital to the economy but also pose a serious risk to other drivers. When an accident occurs, the occupants of smaller vehicles are likely to suffer severe injuries and even death.

The most common types of commercial trucks are:

  • Refrigerated trucks
  • Tractor-trailers
  • Box trucks
  • Big rigs
  • Delivery trucks and vans
  • Dump and garbage trucks
  • Heavy haulers
  • Cement mixers
  • Flatbed trucks
  • Tanker trucks

Large trucks require skilled and experienced drivers. They can be challenging to operate, especially in heavy traffic and adverse weather. Any error the truck driver makes could result in a crash. When that happens, the victim’s family can pursue the compensation they need to pay for funeral expenses and other costs associated with their loved one’s death.

What Is Wrongful Death?

South Carolina defines wrongful death as neglect, default, or a wrongful act that results in the death of a person. The actions of the at-fault party must be something that the deceased could have filed a personal injury claim for if they had survived the accident.

When a loved one is lost in a crash, it becomes the surviving family members’ responsibility to pursue a case on their behalf. Only specific relatives are allowed to file a lawsuit to recover compensation. They are:

  • Surviving spouse and children
  • If there isn’t a spouse or child, the surviving parents
  • Heirs to the deceased’s estate if there aren’t surviving relatives

If you lost your son or daughter in a truck accident, you would have the legal right to pursue a wrongful death claim. Even if they were an adult at the time that they passed away from their fatal injuries, you could still seek compensation from the at-fault party.

Causes of Wrongful Death Trucking Accidents

Trucking accidents can occur in Columbia for a number of different reasons. Everyone in the trucking industry plays an important role in ensuring other drivers’ safety. If a repair company fails to fix damage promptly or a truck driver becomes distracted behind the wheel, an accident could occur.

Common reasons a wrongful death may occur as the result of a truck driver’s negligent behavior are:

  • Reckless driving
  • Distracted driving
  • Disobeying traffic signs and signals
  • Driver fatigue
  • Taking a turn too fast
  • Failure to check blind spots

Common reasons trucking companies may be responsible for truck accidents are:

  • Inadequate maintenance and repair
  • Lack of supervision
  • Defective or malfunctioning truck parts
  • Improperly loaded trailer
  • Failure to perform thorough background checks on new drivers
  • Failure to provide training
  • Encouraging drivers to exceed hours of service regulations to meet deadlines

If you believe the death of your loved one was caused by one of the above or another reason associated with a truck accident, speak with a wrongful death attorney in Columbia who can help you understand your legal options.

When someone’s negligent actions cause a death, that person should be held accountable in court. It is your right to file a lawsuit or insurance claim and secure a monetary award to cover the losses you suffered. You should not be responsible for the expenses you incurred when someone else was at fault for the crash.

Insurance Laws for Trucking Companies

The Federal Motor Carrier Safety Administration regulates trucking companies and the amount of insurance coverage they must purchase for their drivers. Liability insurance is necessary to protect these companies if a trucker causes an accident that results in injuries, property damage, or death.

The minimum required limits of liability are:

  • $300,000 – Non-hazardous cargo in trucks under 10,001 pounds
  • $750,000 – Trucks over 10,000 pounds carrying non-hazardous materials
  • $1 million to $5 million – Trucks transporting oil and hazardous freight

These limits are significantly higher than the liability coverage required for non-commercial drivers. That’s because tractor-trailers often cause more severe damage and injuries than passenger vehicles. Higher coverage is necessary to compensate for the victim’s various losses, such as medical expenses and car repairs.

If you lose someone in a truck accident, among the first things you should do are determine the available liability limits and then file a claim. Goings Law Firm, LLC can help you with those steps of the legal process. Our Columbia wrongful death lawyers are familiar with insurance policies and can request a copy from the trucking company for review.

Compensation You Might Be Entitled to from the Trucking Company

Whether you choose to file an insurance claim or lawsuit, you should pursue the maximum compensation available to cover your various losses. These losses could include economic and emotional hardships you faced due to the death of your relative.

The most common losses you could seek in a wrongful death case include:

  • Lost wages and benefits the deceased would have earned if they were still alive
  • Funeral and burial costs
  • Pain, suffering, and mental anguish surviving relatives experienced from the death
  • Medical expenses associated with the deceased’s fatal injury
  • Loss of companionship, knowledge, care, protection, and judgment provided by the deceased
  • Property damage and additional economic losses resulting from the death

You might also be entitled to punitive damages. Instead of compensating you and your family’s losses, it aims to punish the defendant for their misconduct and deter similar behavior in the future. Punitive damages are a challenging financial award to receive in a lawsuit. You must prove to the jury using clear and convincing evidence that the harm suffered was due to the at-fault party’s wanton, willful, or reckless conduct.

Deadline for Filing a Lawsuit In South Carolina

A “statute of limitations” is the timeframe you must follow if you want to sue someone for the wrongful death of your loved one. According to South Carolina statute § 15-3-530, the statute of limitations in this state is three years. That means you have three years from the date your family member died to file your lawsuit. If the deadline passes but you try to file anyway, the court will likely dismiss your case because the statute has expired.

Consult a Wrongful Death Lawyer in Columbia

The death of a loved one can take a tremendous toll on a family. That’s why the Columbia lawyers at Goings Law Firm, LLC have dedicated our careers to helping families in Columbia seek compensation for wrongful deaths. We know this has been a traumatic and overwhelming time in your life. You’re not only grieving the loss of a relative, but you’re also dealing with the legal aspects of a case. It can cause significant stress as you and your family try to heal your emotional wounds and move forward with your lives.

When you hire Goings Law Firm, LLC, we can handle each step of the process on your behalf. You won’t have to concern yourself with investigations, filing deadlines, or collecting evidence. Our legal team has the experience necessary to take on all responsibility and work hard to secure a favorable outcome.

If you are in need of legal guidance during this difficult time, our legal team may help you. Call (803) 350-9230 today to speak with a wrongful death lawyer in Columbia.

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“Robert and his team were very personable and attentive to our needs. They worked diligently for four years to ensure that justice was served and that we would come out more victorious than we could imagine. We were truly blessed when we found the Goings Law Firm. Robert’s individual approach, knowledge, and dedication to our case was remarkable and the outcome was a success. He was the best lawyer in the courtroom, hands down. When the going got tough we got Goings and you can’t go wrong with Robert Goings’s law firm!”

“After an accident that resulted in a personal injury which took me over a year to recover, I tried to negotiate with the insurance company to no avail. The first attorney I met with rejected my case. A friend recommended Robert Goings to me. After my first meeting with him I was completely relieved and felt assured that he could help me. Robert kept me informed, worked diligently and finally got the policy limit for the injury I had sustained. Robert is very professional, easy to talk to and an outstanding attorney who provides a quality service to his clients. The members of his staff are very competent, friendly and helpful as well. I would recommend Robert to anyone and also seek his advice again if I am ever in need of legal counsel.”

“When I was needing a Attorney for my case I was given the name of Robert Goings from Columbia, SC… I knew right off that Robert was the Attorney for the case and didn’t waste anytime and he didn’t waste anytime getting started on the case… Robert assured me he would be researching and investigating everything that he needs to make a case and win in court if and when that time comes… Robert was very thorough in everything he needed to complete and make the case strong and showed integrity of all the hearings I attended for my case. He will not leave any cracks in a case and if something didn’t seem right or felt right he would research it till he got the answer he was looking for… My case did take close to two years before it was settled. Robert and his firm did an outstanding job even when things to me wasn’t sounding like it was going our way. It was Justice and Honor of what he brought that won the case over for a very good settlement. If I had to do this over again with no doubt in mind Robert Goings would be my Attorney.”

“My family and I began a relationship with the Goings Law Firm in 2010. Mr. Goings and his staff are one of the most professional law firms I have ever been associated with. My family was treated with respect and kindness by Mr. Goings and his staff. Their work ethics and attention to details were top notch. They took the time to explain the processes and expectations in terms we could understand. I look forward to working with Mr. Goings again in the future.”

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“One of the best I ever worked with, clear from the start, explained all options with risks involved, honest, prompt, and delivered as promised.”

“Robert is a master when it comes to litigation. He has helped my family and me on several occasions, and he always had our best interest at heart and in practice. He has truly done some amazing legal work for us, and we highly recommend him. He is a personable professional, and his astute knowledge of the law is quite impressive.”

“From the moment Robert received my first phone call until the conclusion of the legal matter, there was nothing but exceptional and first-class representation. I did not hesitate a moment or second-guess my decision with Robert representing me. Robert and his staff are professional, courteous, responsive, and effective. Robert is a genuine advocate for his client and delicately balances carrying a sword and a shield for justice.”

“Robert Goings is an excellent civil attorney. Mr. Goings took my mom’s difficult case and was successful in winning a jury verdict in her favor. I would highly recommend Mr. Goings if you are in need of a fierce legal advocate who is both very knowledgeable and compassionate!!”

“Mr. Goings far exceeded any and all expectations I had for a lawyer. He went above and beyond to ensure that I received the best results possible for my case. With me being active duty military, he helped with ensuring scheduling of matters around the military. I think best of all he was how knowledgable he is on how the injury was going to affect my military service. If you’re in need of a personal injury lawyer in South Carolina this is your guy!!”

“I had an awesome experience with Mr. Goings and highly recommend him as lawyer. He was very clear about my case and gave me follow-up reports in a timely manner. My results were better than I expected and I owe it to this awesome lawyer. THANK YOU! If I ever need a lawyer again, I am definitely calling Mr. Goings. My family and I thank you for all your help.”

“Mr. Goings was my first attorney I’ve ever needed. With a fear of not knowing what to do or where to turn Mr. Goings took my case and and made me feel like dear friend I have knew for years. He has a great staff who is there for any help at any time I needed them. Mr. Goings will be the only person I will ever turn to if I need any assistance in the future and I encourage anyone to go to him for anything legal matters. Thank you again Mr. Robert Goings and the Goings Law Firm staff.”

He was very kind and knowledgeable. He gave me status updates in a timely matter. I was VERY pleased.

I highly recommend Robert Goings! He is absolutely incredible!!! I had suffered from a dog bite injury and Robert went above and beyond to have me taken care of. He is extremely personable, I never felt like a “client”. He and his staff treated me as well as my family with genuine kindness. I am blessed to have had him take such great care of me and my case.

Robert and his staff have gone above and beyond, they are absolutely amazing at what they do. I would definitely call his office again if the need should arise.

Mr. Goings was caring and professional during a very difficult time in my life. I was faced with the sudden loss of my mother in a car accident, and Robert took the time to talk to me and check up on me throughout the duration of the case. I applaud his sensitivity and willingness to go the extra mile. I would recommend his firm to anyone that wants the best legal representation in South Carolina!

Goings Law Firm was very helpful and patient with me. Goings Law Firm educated me about the legal side of things and help me understand my case. I would recommend Goings Law Firm to anyone.

After being rear ended in a car accident, I needed help navigating the insurance settlement. Having never needed the services of an attorney, I was very anxious about the whole process. Robert Goings & his staff were excellent to work with; at no point did I question my decision or feel that we would achieve anything less than the best possible settlement. I would never hesitate to recommend him to family, friends or strangers!

Hands down one of the BEST attorneys in the state!! Robert Goings exceeded all of my expectations. He welcomed me and my daughter with open arms and he kept me informed every step of the way. I knew exactly what was going on in my case and I really like that about him. His entire staff was awesome and I would definitely recommend him to anyone looking for a personal injury attorney. I guarantee you, you will be very pleased with Mr. Goings. Honestly, he definitely deserves more than 5 stars!!

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Mr. Goings stood up for my Constitutional Rights. He is a not your typical lawyer and you can trust him like a friend. His staff is very friendly, accommodating, and helpful throughout the entire process.

Mr. Goings worked tirelessly to resolve my husband’s case, despite the fact my husband wasn’t always the best client, and we still ended up with the best possible outcome because, in my opinion, we had the best attorney. Robert Goings is a professional, caring, experienced attorney with an amazing paralegal, Katie, and a wonderful support staff. If you need legal representation, The Goings Law Firm is the only call you need to make.

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Words cannot adequately express my gratitude for Robert Goings, and his amazingly talented team at Goings Law Firm, LLC. Mr. Goings was always genuinely concerned about my health, and overall well-being, was instrumental in recommending the best medical treatment plan for my injury, and most importantly, he treated me as if I were family. Mr. Goings was extremely attentive to every detail regarding my case, and he executed professional results and recovery, well beyond my greatest expectation.

It has been a great experience having you represent my family as Our Attorney. I have learned a lot, and have come to understand the importance of good counsel. You and your team are the best. You guys are officially our family Law Firm. Thanks Robert.

The Goings Law Firm went above and beyond assisting me after a serious auto accident. Robert Goings and Katie Gould were thorough and kind explaining every step of the process to me, sometimes more than once. Robert was persistent and professional making sure that we received the highest allowable compensation from all parties. I could not have been more pleased with the overall outcome.

When I looked for an attorney for my bad car accident, I read the reviews for the Goings Law Firm. This firm had great reviews so I contacted them. Thankfully, Mr. Goings took my case and fully explained the process to me and he took the worry out of my mind. Before hiring him, I tried to settle my case with the insurance company on my own, but I was low balled- Mr. Goings and his office got me a lot more than I ever imagined. A big thanks to his office!

Mr. Goings is an outstanding attorney. Dealing with a personal injury case can be frustrating and quite stressful. Mr. Goings and his office took care of my case with the upmost compassion and professionalism. They treated me like family. Mr. Goings is hard-working and determined to fight for his clients’ rights. I highly recommend him to anyone in need of a personal injury attorney.

After representing me after I fell down the stairs at work and injured my back, I would recommend the Goings Law Firm to handle any personal injury matter. Robert and Jessica made me feel like my case mattered to them and that my goals were their goals. They were tireless advocates for me yet they were also willing to be upfront and honest in their assessments of my options going forward. I never felt pressured to choose one course of action over the other. They treated my case like their own.

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