South Carolina Wrongful Death Lawyer
When a person dies suddenly as the result of another party’s negligence or wrongful act, it is often referred to as a wrongful death. South Carolina state law allows the executor or administrator of a descendant’s estate to pursue wrongful death claims against negligent parties.
It is important to keep in mind that South Carolina places a three year statute of limitations (time limit) on wrongful death actions, meaning that a court will likely decline to hear any case filed more than three years after a person has died. For this reason, it is critical for the family members of loved ones killed by the negligence of another party to retain legal counsel as soon as possible.
Need an Injury Lawyer South Carolina knows that making court appearances is often the last thing family members want to do in the immediate aftermath of a loved one’s death. This is why our firm handles all of the paperwork and important court appearances on behalf of clients in North Augusta, Columbia, North Charleston, Charleston, Rock Hill, Greenville, Mount Pleasant, Summerville, Greer, Hilton Head Island, Florence, Spartanburg, Goose Creek, Aiken, Myrtle Beach, Anderson, Sumter, Greenwood, Mauldin, and many other surrounding areas.
South Carolina Wrongful Death Laws
South Carolina Code § 15-51-20 establishes that beneficiaries for wrongful death actions include the the wife or husband and child or children of the deceased. When there is no wife, husband, child, or children, a wrongful death action is for the benefit of the parent or parents of the deceased. If there are none of the aforementioned parties, a wrongful death action is for the benefit of the heirs of the deceased.
Plaintiffs in wrongful death actions may be awarded damages for funeral expenses, medical bills, and emotional distress. In some cases, punitive damages (also known as exemplary damages) may be awarded when a person is killed by a defendant’s willful, reckless, or wanton conduct.
Punitive damages cannot exceed three times the amount of compensatory damages or $500,000, whichever is greater.
Types of Wrongful Death Cases in South Carolina
Any one of a number of different incidents can result in a person’s death. Some of the most frequent kinds of accidents in which people can be killed include, but are not limited to:
- Car Accidents
- Operating a Motor Vehicle While Under the Influence of Alcohol (DUI/DWI) Accidents
- Truck Accidents
- Pedestrian Accidents
- Commercial Vehicles
- Motorcycle Accidents
- Bicycle Accidents
- Bus Accidents
- Ridesharing (Uber or Lyft) Accidents
- Medical Malpractice
- Workplace Accidents
South Carolina Wrongful Death Attorney
Wrongful death lawsuits can require significant investigations to determine who was at fault and secure evidence critical to the court case. Need an Injury Lawyer South Carolina helps families all over the Palmetto State, including communities in Lexington County, York County, Berkeley County, Greenville County, Richland County, Charleston County, Horry County, Spartanburg County, and several other surrounding areas.
Our firm can review your case and help you understand all of your legal options during a free, no obligation consultation. We are available 24/7 and Need an Injury Lawyer South Carolina handles these cases on a contingency fee basis, so you do not need to worry about paying us anything unless you receive a financial award.