What happens if a loved one dies due to the negligent or intentional actions of another person in South Carolina? Who can sue for their wrongful death? And what compensation can they seek through their lawsuit? A seasoned South Carolina wrongful death lawyer can answer all these questions and more.
What Is a Wrongful Death?
A wrongful death occurs when a person dies due to injuries that would otherwise result in a personal injury claim. If someone else’s negligent actions caused your loved one’s death, you may be able to sue for wrongful death and seek compensation. Common incidents that result in wrongful death claims include:
Who Can File a Wrongful Death Lawsuit?
Can a sibling sue for wrongful death? In South Carolina law, the only person who can sue for wrongful death is the executor or administrator of the deceased’s estate. However, they file the claim on behalf of the deceased’s surviving family members.
Typically, the deceased’s Last Will and Testament names the executor. But if no will or executor is named, then the court will appoint one.
According to South Carolina law, the following family members may have a valid claim for compensatory or punitive damages after a wrongful death case:
- The spouse and children of the deceased
- If there is no surviving spouse or child, then the parents of the deceased
- If there is no surviving parent, then the heirs (descendants) of the deceased
How to File a Wrongful Death Lawsuit?
There are several steps involved in a wrongful death lawsuit in South Carolina. First, the estate’s executor must gather evidence showing that negligence, wrongdoing, or an intentional act caused the death. While hiring an attorney is not required, it increases the chances of obtaining appropriate compensation.
Evidence may include eyewitness testimony, security or traffic camera footage, medical records, etc. Once the executor has evidence, they must notify the beneficiaries of the deceased’s estate of the impending lawsuit.
Next, the executor files a complaint with the court outlining the case facts, the defendant’s identity, and the compensation sought. The defendant then receives notice of the lawsuit and has time to gather evidence and respond.
After both sides have evidence, the case enters the discovery phase, where they exchange information. At this point, there may also be wrongful death settlement negotiations to avoid a lengthy and potentially costly trial. However, if the parties cannot settle, the case will go to trial, and the attorney will present the case on behalf of the estate.
Damages Available in a Wrongful Death Claim
Family members of the deceased can seek compensation for several types of losses through pursuing a wrongful death claim in South Carolina. These losses fall into two categories: economic and non-economic.
Economic losses are tangible, monetary losses associated with the death, including:
- The medical bills the deceased accrued due to the injury that led to their death for things like hospital stays, surgeries, prescription medications, and other medical treatments
- The funeral and burial expenses for the deceased
- The lost income, benefits, and household services that the deceased would have provided their family had they survived
Non-economic damages involve intangible, non-monetary losses that the family members of the deceased suffered, including:
- The loss of companionship and consortium for the spouse of the deceased
- The loss of guidance and education for a minor child of the deceased
- Pain and suffering of the family members of the deceased
Other non-economic losses, such as the pain and suffering experienced by the deceased before their death, are not available through a wrongful death claim. However, they are available through a survival action.
South Carolina Wrongful Death Statute of Limitations
According to South Carolina law, the family members and estate of the deceased have three years from the date of the death to file their lawsuit. Failing to file within this period may result in the court automatically dismissing the case.
Under certain circumstances, such as when the cause of death was unknown due to medical malpractice, the court may extend this period. However, you should always consult a wrongful death attorney about the specifics of your case so you know how long you have to file.
South Carolina Wrongful Death Attorney
If your loved one died as a result of someone else’s wrongdoing, you could recover compensation for your loss by having the executor of the estate file a wrongful death claim. Contact Evans Moore, LLC at (843) 995-5000 or reach us online for a free consultation about your case.
Our team of compassionate South Carolina wrongful death attorneys can assist you with gathering evidence, filing your claim, negotiating with insurance companies, and presenting your case at trial by getting the compensation you deserve.
Related Posts:
Things to Know About Death Certificates in Investigating Wrongful Death Claims