Wrongful Death Claims in South Carolina: A Family's Guide

Losing a loved one is devastating, especially when their death could have been prevented. When someone dies due to another party's negligence or wrongful act, South Carolina law provides a way for families to seek justice through wrongful death claims.

What Constitutes Wrongful Death?

A wrongful death occurs when someone dies as a result of:

• Another person's negligent actions
• Intentional wrongful acts
• Breach of warranty
• Actions that would have entitled the deceased to personal injury compensation if they had survived

Common Types of Wrongful Death Cases

• Motor vehicle accidents: Car, truck, motorcycle, and pedestrian accidents
• Medical malpractice: Surgical errors, misdiagnosis, medication mistakes
• Workplace accidents: Construction accidents, industrial incidents
• Defective products: Dangerous or defective consumer products
• Premises liability: Slip and falls, inadequate security
• Nursing home abuse: Neglect or abuse in care facilities

Who Can File a Wrongful Death Claim?

In South Carolina, only certain parties can file a wrongful death lawsuit:

Primary Beneficiaries (in order of priority):

1. Surviving spouse
2. Children (if no surviving spouse)
3. Parents (if no spouse or children)
4. Heirs at law (if none of the above)

Types of Damages Available

Wrongful death claims can recover various types of damages:

Economic Damages

• Lost income: The deceased's expected lifetime earnings
• Benefits: Lost pension, insurance, and other benefits
• Medical expenses: Costs incurred before death
• Funeral expenses: Reasonable burial and funeral costs

Non-Economic Damages

• Loss of companionship: The value of the relationship
• Loss of guidance: Parental guidance for children
• Pain and suffering: If the deceased survived for any period after the incident

Calculating Wrongful Death Damages

Determining the value of a wrongful death claim involves complex calculations considering:

• The deceased's age and health
• Earning capacity and career prospects
• Family relationships and dependencies
• Circumstances of the death

Time Limits for Filing

In South Carolina, wrongful death claims must be filed within three years of the date of death. However, there are exceptions:

• If the death resulted from a crime, the statute may be extended
• Medical malpractice cases may have different time limits
• Discovery of the cause of death may affect timing

The Legal Process

Wrongful death cases typically involve:

1. Investigation: Gathering evidence about the cause of death
2. Filing the lawsuit: Initiating legal proceedings
3. Discovery: Exchanging information with the other party
4. Negotiation: Attempting to reach a settlement
5. Trial: If no settlement is reached

Working with an Attorney

Wrongful death cases are complex and emotionally challenging. An experienced wrongful death attorney can:

• Handle all legal aspects while you grieve
• Investigate the circumstances of death
• Calculate the full value of your claim
• Negotiate with insurance companies
• Represent you in court if necessary

While no amount of money can bring back your loved one, a wrongful death claim can provide financial security and hold responsible parties accountable. If you've lost a family member due to someone else's negligence, contact our compassionate wrongful death attorneys today for a consultation.