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Losing a loved one to someone else’s negligence is a tragedy that no amount of compensation can ever put right. A wrongful death claim, however, can provide you with the resources you’ll need on your journey forward toward healing. If you find yourself in this very difficult position, it’s important to know that help is just a phone call away – reach out to an experienced Kingstree, SC, wrongful death attorney today.
Wrongful Death Claims in South Carolina
In the State of South Carolina, Wrongful death refers to causing someone else’s death as a result of negligence or a wrongful act. If the victim had survived the incident and could have filed a personal injury claim. As a result, the victim’s heirs can file a wrongful death claim against the at-fault party or entity on behalf of their lost loved one.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, heirs – or close relatives – of the victim can file a wrongful death claim. This includes the victim’s surviving spouse and their surviving children. In the event that the victim has no surviving spouse or children, their surviving parents can fill the role. From here, the state’s laws of intestacy determine who is next in line to file the wrongful death claim.
The Kinds of Accidents that Often Lead to Wrongful Death Claims
Every wrongful death claim is unique to the specific circumstances involved, but many are based on cases like the following:
- Traffic crashes of all kinds – drunk driving and excess speed are common causes
- Criminal acts, such as assault and gun charges
- Defective consumer products
Seeking the Legal Damages You Deserve
If someone else’s negligence or wrongdoing causes you to lose a loved one, you can seek compensation for your losses in each of the following categories:
- Your loved one’s final expenses prior to death, including the medical bills they incurred before succumbing to their fatal injuries
- The cost of their funeral and burial services
- The loss of your loved one’s financial support
- Losses related to the guidance, experience, and judgment your loved one shared with you
- Losses related to the care, companionship, and protection your loved one provided you
- The immense emotional pain and suffering you continue to endure
Nothing can bring your loved one back, but obtaining just compensation can help your family carry on after a loss of this magnitude, which can play an important role in your future.
Frequently Asked Questions About Wrongful Death in Kingstree
What qualifies as a wrongful death case in South Carolina?
A wrongful death case may arise when someone dies because of another person’s negligence, recklessness, or intentional wrongdoing. Common examples include fatal car accidents, commercial truck collisions, medical negligence, dangerous property conditions, and defective products. Under South Carolina law, the death must result from conduct that would have allowed the deceased person to pursue a personal injury claim had they survived. Each case depends on its specific facts and evidence.
Who is legally allowed to file a wrongful death lawsuit in South Carolina?
South Carolina law requires a wrongful death lawsuit to be brought by or in the name of the deceased person’s executor or administrator. The claim benefits the surviving spouse and children. If there is no surviving spouse or child, the deceased person’s parents may be beneficiaries. If none of these relatives exist, the beneficiaries are determined under South Carolina’s inheritance laws. An attorney can help families understand who is entitled to bring the claim and receive any recovery.
How long does a family have to file a wrongful death claim in South Carolina?
In most cases, South Carolina allows three years from the date of death to file a wrongful death lawsuit. This deadline is established under S.C. Code § 15-3-530(6). Certain circumstances may involve different deadlines or legal considerations, particularly when a government entity is involved. Waiting too long can jeopardize your family’s ability to pursue compensation, so speaking with a wrongful death lawyer promptly is important.
What damages can families recover in a South Carolina wrongful death lawsuit?
A wrongful death claim may provide compensation for the financial and personal losses suffered by eligible surviving family members. Depending on the circumstances, recoverable damages may include lost financial support, loss of companionship, care and protection, emotional suffering, and other losses resulting from the death. Funeral and burial expenses and certain medical expenses may also be recoverable through applicable claims. South Carolina law also allows exemplary damages in qualifying cases involving reckless, willful, or malicious conduct.
Can a family file a wrongful death lawsuit if the person responsible also faces criminal charges?
Yes. A wrongful death lawsuit is a civil action that is separate from a criminal prosecution. Even if the person responsible is arrested or charged with a crime, eligible family members may still pursue financial compensation through the civil court system. A criminal case focuses on determining criminal responsibility, while a wrongful death claim seeks damages for the losses caused by the death. The two proceedings have different legal standards and purposes.
Make the Call to an Experienced Kingstree, SC, Wrongful Death Lawyer Today
Cezar McKnight at The Law Offices of Cezar McKnight is a compassionate Kingstree, SC, wrongful death attorney who takes great pride in his imposing reputation for tireless advocacy on behalf of his clients, and he has the experience, resources, and legal skill to make a difference. Your claim is important, so please reach out and contact us online or call 843-374-4529 for more information about what we can do to help you today.