Best Wrongful Death Lawyers in South Carolina

About Wrongful Death Law in South Carolina, United States

Wrongful death law in South Carolina allows certain family members or representatives to seek compensation when a loved one dies as a result of another party's negligence, recklessness, or intentional act. The purpose of wrongful death claims is to hold responsible parties financially accountable and to help families obtain compensation for the loss of their loved one, including both economic and non-economic damages. South Carolina recognizes the right to file such a claim in order to recover for funeral expenses, lost wages, and the emotional impact of the loss.

Why You May Need a Lawyer

Dealing with the aftermath of a wrongful death can be overwhelming, and the legal process can be complex. People may need legal help in wrongful death situations if they:

• Are unsure whether the death of their loved one qualifies as a wrongful death under South Carolina law
• Face disputes among family members about who can file the claim or how to distribute any recovery
• Need to investigate and collect evidence proving negligence or misconduct
• Are dealing with difficult negotiations with insurance companies or responsible parties
• Encounter resistance or denial of responsibility from those at fault
• Want to ensure that all types of damages are considered and pursued
• Are unfamiliar with the legal deadlines and procedural steps involved in such cases

A lawyer can help guide families through the process, protect their rights, and maximize the potential for a successful outcome.

Local Laws Overview

In South Carolina, wrongful death claims are governed by the South Carolina Code of Laws Title 15, Chapter 51. Key aspects include:

• The claim must be filed by the executor or administrator of the deceased person's estate.
• Beneficiaries may include the spouse, children, parents, or other heirs if none of the aforementioned individuals exist.
• Recovery can include damages for funeral and burial expenses, medical expenses related to the fatal injury, loss of income and benefits, loss of companionship and support, and mental anguish.
• South Carolina enforces a statute of limitations, meaning wrongful death actions generally must be filed within three years of the date of death.
• Comparative negligence rules may impact the amount of compensation if the deceased person was partially at fault.
• Punitive damages may be awarded in cases involving egregious or intentional misconduct.

Frequently Asked Questions

What qualifies as wrongful death in South Carolina?

A wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional act of another individual or entity. This can include motor vehicle accidents, medical malpractice, workplace incidents, dangerous property conditions, or criminal acts.

Who is allowed to file a wrongful death claim in South Carolina?

Only the executor or administrator of the deceased person's estate can file a wrongful death lawsuit, but any settlement or damages awarded are distributed to the deceased’s eligible surviving family members under state law.

What damages can be recovered in a wrongful death case?

Recoverable damages may include funeral and burial costs, medical expenses related to the final injury, loss of the deceased’s income and benefits, loss of companionship and care, and compensation for the emotional suffering of surviving family members.

How long do I have to file a wrongful death lawsuit in South Carolina?

In most cases, wrongful death actions must be filed within three years of the date of death. Failing to file within this time period may bar the claim.

What if the deceased was partially at fault for the accident?

South Carolina follows the rule of modified comparative negligence. If the deceased was less than 51 percent at fault, the damages award can be reduced by the deceased’s percentage of fault. If the deceased was 51 percent or more at fault, the family cannot recover damages.

Can punitive damages be awarded in a wrongful death case?

Yes, punitive damages may be awarded in cases where the defendant’s conduct was especially reckless, willful, or malicious, to punish the wrongdoer and deter similar behavior in the future.

Do all family members receive compensation equally?

Compensation is distributed according to the state’s intestacy laws, which prioritize the spouse and children. If there are none, parents or other heirs may recover.

What if there is a criminal case related to the death?

A wrongful death civil case can proceed independently of any criminal case. Even if criminal charges do not result in a conviction, you may still be able to recover damages through a civil lawsuit.

How do I prove wrongful death occurred?

You must demonstrate that the defendant owed a duty of care to the deceased, breached that duty through negligence or intentional action, and that breach directly caused the death and resulting damages.

How are attorney fees handled in wrongful death cases?

Many wrongful death attorneys work on a contingency fee basis, meaning they only collect fees if you win the case or obtain a settlement. The fee is usually a percentage of the recovered amount, plus expenses incurred during the case.

Additional Resources

If you need more information or support, consider contacting these resources:

• South Carolina Bar Association - Offers lawyer referrals and legal information
• South Carolina Judicial Department - Provides access to state laws and the court system
• Local County Probate Courts - Assists with estate administration and probate matters
• Victim assistance programs through local law enforcement agencies
• Legal aid organizations that may offer free or reduced-cost legal services to qualifying individuals

Next Steps

If you believe you have a wrongful death claim in South Carolina, consider these steps:

1. Gather all relevant documents, such as medical records, accident reports, and the deceased’s will or estate information.
2. Contact an experienced wrongful death attorney to review your case and discuss your options.
3. Act quickly to avoid missing important legal deadlines.
4. Work closely with your attorney to document losses, calculate damages, and build a strong case.
5. Consider counseling or support services to help you and your family navigate the emotional aftermath of your loss.

A knowledgeable local attorney can provide guidance specific to your situation, protect your interests, and help pursue the financial and emotional closure your family deserves.