South Carolina Wrongful Death Lawyer

Death is an inevitable part of life, and we must all confront it at some point. This includes dealing with the tragic loss of loved ones and family members. While dealing with such losses is already hard, it can be even harder knowing that your loved one passed away because of someone else’s wrongful actions. If this sounds like your situation, speak to our legal team about suing those responsible and getting justice for your family.

Wrongful death claims might come from any number of accidents or incidents that lead to someone’s passing. Some common instances of wrongful death include medical malpractice, car crashes, and dangerously defective goods or products. People often need time to grieve when something like this happens, but you must keep in mind that you only have 3 years from the date of your loved one’s death to file a wrongful death claim. It is best to start soon, as significant damages for economic and non-economic losses and injuries might be at stake.

Call our wrongful death attorneys at Rice, Murtha & Psoras at (803) 219-4906 for a free, private case review to start your claim.

How Wrongful Death Claims Might Arise in South Carolina

According to S.C. Code Ann. § 15-51-10, a wrongful death claim may arise when a person’s death is directly caused by another person’s wrongful act, negligence, or omission. Additionally, the wrongful behavior should be something that would have given the victim the right to file a legal action for damages if they had survived. Wrongful death claims may come from all kinds of accidents or even intentional acts. Below are just a few common examples of wrongful death claims.

Medical Malpractice

A medical malpractice claim involves injuries sustained by patients because of a medical professional’s negligence. Generally, medical malpractice arises when a patient is injured because a doctor provided treatment that fell below the standard of care. In some cases, patients are not just injured, but they pass away because of negligent care. In such a situation, our wrongful death attorneys may bring a case against the doctor, hospital, and other medical professionals who might have had a hand in providing the negligent treatment. If your loved one passed away after receiving medical care, speak to an attorney about your legal options.

Auto Accidents

One of the most common causes of wrongful death claims is car accidents. Auto accidents are very common. They happen nearly every day. While some drivers are lucky enough to walk away from an accident unharmed, others are far less lucky. If your family member did not survive an accident, you might have a legal claim against the other driver. To prove your claims, we have to show how the other driver is at fault for the crash and thereby responsible for your loved one’s passing.

Defective or Faulty Products

When people buy a good or product, whatever it might be, they expect it to work safely for its intended purpose. Unfortunately, not all products released into the market are safe for consumers. When products are defective, damaged, or poorly designed, they can cause severe injuries, even fatal injuries. For example, if your loved one did not survive a car crash caused by defective brakes, you can sue the manufacturer of the brakes for wrongful death.

When to File a Wrongful Death Case in South Carolina

Again, dealing with the loss of a family member can be extremely difficult, and it is reasonable to take time to mourn and come to terms. However, your wrongful death claims must be filed within a specific amount of time set by law. According to S.C. Code Ann. § 15-3-530(6), you have only 3 years from the date of death to file a wrongful death claim.

It is important to note that this limitation period begins on the day your loved one passed away, not necessarily the day they were initially injured. Many victims do not succumb to their injuries right away. For example, someone might survive for a while in intensive care before succumbing to their injuries. For others, their condition might slowly worsen over a long period of time until they pass away, such as when people are exposed to toxic substances or materials.

Wrongful death cases are typically not filed directly by family members of the deceased. Instead, South Carolina wrongful death claims are filed by or in the name of executors or administrators of the deceased person’s estate. If you are unsure who the executor or administrator of your loved one’s estate is, consult a lawyer.

Damages Available in South Carolina Wrongful Death Cases

Wrongful death cases tend to involve more significant damages. Not only might your economic losses be substantial, but it can be difficult to assess damages for the emotional and psychological distress you and your family have endured. Speak to a lawyer about your damages to give you an accurate idea of what compensation your family deserves.

Wrongful Death Damages

A wrongful death claim encompasses the damages you incurred because of the loss of your loved one. Generally, your damages may be divided into economic and non-economic injuries. Economic costs may include funeral and burial expenses, loss of financial support, and various other economic expenses you incurred as a direct result of your loved one’s passing.

Non-economic damages are harder to pin down as they are far more subjective. Emotional pain, psychological turmoil, loss of companionship, consortium, and parental guidance might also be claimed. Since these damages are highly subjective, the jury often determines their value.

Survival Action Damages

A survival action involves damages that your loved one could have claimed had they survived. According to S.C. Code Ann. § 15-5-90, the deceased person’s personal injury claims survive their passing, and you can claim these damages on their behalf. For example, if your loved one incurred medical treatment before passing away, damages for their medical bills may be claimed as part of a survival action. Damages in survival actions are often awarded to the deceased person’s estate.