If you have lost a loved one in South Carolina due to another person’s careless actions, you may have grounds for a wrongful death claim. Our Care Team is here to provide clear, straightforward information about wrongful death laws in SC and your options during this difficult time. We know legal jargon can feel overwhelming, so we’ll break things down in everyday language to help you understand your rights. Contact our Care Team for advice and care if you are faced with a wrongful death claim.
What Is Wrongful Death in South Carolina?
Under the South Carolina wrongful death statute, a wrongful death occurs when someone loses their life due to the “wrongful act, neglect, or default” of another party. In other words, if a person or company’s negligence or intentional action causes a death that shouldn’t have happened, it may be considered wrongful death.
Some common examples of situations that can lead to wrongful death claims include:
- Car accidents caused by reckless or drunk drivers
- Medical malpractice incidents like surgical errors or misdiagnosis
- Defective or dangerous products that malfunction and cause fatal injuries
- Workplace accidents due to unsafe conditions or lack of proper training
- Assaults or attacks resulting in death due to inadequate security measures
This is not a complete list. Any time negligence leads to an untimely death, surviving family members may have a case under wrongful death SC laws.
Who Can File a Wrongful Death Claim?
In South Carolina, wrongful death claims must be filed by the executor or administrator of the deceased person’s estate. This is typically named in their will or estate plan. If there is no will, the court appoints an administrator, usually the surviving spouse or an adult child.
The claim is filed on behalf of the deceased person’s beneficiaries. Under SC law, the beneficiaries are:
- The surviving spouse and children
- If no spouse or children, then the surviving parents
- If no spouse, children, or parents, then the heirs at law (as determined by SC’s intestacy laws)
Any compensation recovered in a successful wrongful death case is divided among these beneficiaries.
What Damages Are Available?
Wrongful death laws aim to ease the financial burdens caused by an untimely death. In South Carolina, the types of damages that may be recovered include:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would likely have earned if they had lived
- Pain and suffering endured by the deceased before they passed
- Loss of the deceased’s care, companionship, and support
- Punitive damages, in cases of extremely reckless or intentional actions
Calculating damages in a wrongful death case can get complex. There’s no set formula. Factors like the deceased’s age, earning capacity, life expectancy, and the circumstances of their death all come into play. Working with experienced legal advisors is crucial to determine what fair compensation looks like in your case.
How Long Do You Have to File a Claim?
It’s important to be aware of the statute of limitations for wrongful death claims. In South Carolina, most wrongful death lawsuits must be filed within three years of the date of death. If the deadline is missed, the court will likely dismiss the case.
A few rare exceptions may extend the deadline, such as the deceased’s estate not being established until later. But in general, it’s vital to act promptly to preserve your right to seek justice for your loved one.
The Wrongful Death Claims Process
Building a strong case is not a quick or easy process. It demands time, resources, and knowledge of complex legal procedures.
But you don’t have to let your family struggle through these challenging times alone. Our compassionate Care Team is here to provide support and connect you with the resources you need every step of the way. We know the intricacies of wrongful death laws in South Carolina and can help determine if you have a valid claim.
While we do not directly provide legal services, we work with a network of skilled and ethical attorneys with years of experience handling wrongful death cases. If you choose to move forward with a claim, we’ll make sure you’re matched with a lawyer who is the right fit for your unique circumstances. Beyond legal guidance, we offer grief counseling referrals and other supportive services to help you cope with the emotional impact of your loss.
You Deserve Answers, Accountability, and Support
We understand that pursuing legal action while mourning can feel daunting. You may be unsure if you have a case or are struggling with what to do next. That’s why our team is here – to provide clear information, compassionate guidance, and connections to trustworthy experts.
You shouldn’t have to bear the weight of someone else’s negligence on your own. South Carolina’s wrongful death statute exists to protect families like yours, ensuring that careless parties are held accountable and that you have the resources to begin healing.
If you’ve lost someone due to another party’s reckless or negligent actions, please reach out to our caring staff. We’re ready to listen to your story, answer your questions, and discuss your options in plain, straightforward language. Our compassionate Care Team is standing by, ready to provide the support and guidance you need.
