The death of a family member is hard enough as it is. Let alone when it occurs because of someone else’s negligence or wrongful act. In these scenarios, your grief can be compounded by confusion and frustration.
Families often face overwhelming questions, such as: How do we hold the responsible party accountable? What legal options do we have? Who can file a wrongful death claim?
The process of filing a wrongful death lawsuit in South Carolina is governed by specific laws designated to help families seek compensation for their loss. These laws ensure that the responsible parties are held accountable for their actions, providing a path to financial stability and emotional closure for those left behind.
In South Carolina, the responsibility to file a wrongful death lawsuit falls to the personal representative of the deceased’s estate, often appointed in their will or by the court. This person acts not just on the deceased’s behalf but represents the interests of all family members affected by the tragedy.
They handle the legal complexities to ensure that the rights of the deceased and their loved ones are fully represented.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action brought against a person or entity whose negligence, recklessness, or intentional actions caused someone else’s death. It allows the surviving family members of the deceased’s estate to seek financial compensation for the losses they’ve suffered as a result of their loved one’s passing.
These claims are civil lawsuits, meaning they are separate from any criminal charges that may be brought against the responsible party. A criminal case aims to punish the offender, while a wrongful death lawsuit focuses on compensating the family for the emotional and financial toll of their loss.
Wrongful death claims often arise from situations like:
- Car accidents caused by drunk or reckless drivers
- Medical malpractice, such as surgical errors or misdiagnoses
- Workplace accidents due to unsafe conditions or negligence
- Fatalities caused by defective products
Who Is Eligible to File a Wrongful Death Claim?
In South Carolina, the personal representative of the deceased’s estate is the only individual authorized to file a wrongful death claim. This representative is often named in the deceased’s will or estate plan. If no representative has been appointed, the court can designate someone to take on this role.
However, the claim is filed on behalf of the deceased’s surviving family members. The family members typically include:
- The Spouse: If the deceased was married at the time of their death, their spouse is a primary beneficiary.
- Children: Biological or legally adopted children of the deceased are eligible beneficiaries.
- Parents: If the deceased had no spouse or children, their parents may be entitled to file.
- Other Heirs: In the absence of any of the above, other relatives who would inherit under South Carolina’s intestate succession laws may be eligible.
Steps in a Wrongful Death Lawsuit
Filing a wrongful death lawsuit in South Carolina involves several critical steps. Let’s look at these in more depth:
1. Consultation With an Attorney
The first step is to contact our wrongful death attorneys in South Carolina. During the initial meeting, we will discuss whether your wrongful death claim is valid and evaluate the potential damages, potential legal strategies, and the outcomes you can expect.
2. Investigation and Evidence Gathering
We will then begin an in-depth investigation to gather all evidence that’s relevant to the case. This may include obtaining medical records, accident reports, eyewitness statements, and expert testimony.
3. Filing the Lawsuit
With sufficient evidence, we will file a wrongful death claim on behalf of the deceased’s estate. This is typically filed in the state court and outlines your relationship to the deceased, the facts of the case, the defendant’s alleged negligence, and the damages sought.
4. Pre-trial Motions and Settlement Discussions
Before the trial, both parties may file various motions to resolve certain issues before trial, or even to dismiss the case. Concurrently, there may be opportunities for settlement discussions. Many wrongful death cases are settled out of court during this phase to avoid the uncertainties of a trial.
5. Trial
If we can’t reach a settlement agreement, the case will go to trial. During the trial, both parties will present their evidence and arguments to either a judge or a jury. The judge or jury will then decide whether the defendant is liable and, if so, determine the appropriate amount of damages.
Damages Available in a Wrongful Death Claim
Surviving family members can pursue several types of damages in a wrongful death claim, such as:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Loss of financial support and benefits
- Loss of companionship, care, and guidance
- Emotional pain and suffering of surviving family members
In some cases, punitive damages may also be awarded if the defendant’s actions were particularly reckless or malicious.
How Our Wrongful Death Attorney Can Help
A wrongful death claim involves many intricate legal details, including strict filing deadlines, complex statutes, and the need for compelling evidence. From the initial consultation, we take the time to understand the details of your situation and discuss your legal options.
Our team begins by conducting a thorough investigation into the circumstances surrounding your loved one’s death. This includes gathering all the necessary documentation to build a strong case.
Additionally, we work closely with you to calculate the full extent of your losses. We’ll ensure these damages are properly documented and pursued. If appropriate, we’ll also seek punitive damages to hold the responsible party accountable for particularly egregious actions.
Insurance companies often try to minimize payouts or deny claims altogether, but we are skilled negotiators, and we know how to counter their tactics. Whether through settlement discussions or litigation, our priority is securing maximum compensation for your family.
If we can’t reach a fair settlement, we are fully prepared to advocate for you in court, presenting a strong case to a judge or jury.
Contact Our Wrongful Death Attorneys
Every wrongful death case is unique, and the outcomes depend on the specific facts, evidence, and damages involved. However, the goal remains the same: to hold the responsible party accountable and to secure the resources your family needs to move forward.
At Savage, Royall & Sheheen, LLP., we understand that no amount of money can fill the void left by a loved one’s absence. Our mission is to ease your burden and make space for you to grieve by handling the legal details while treating your case with the dignity and respect it deserves.
If you still have questions about who can file a wrongful death claim or need guidance on the steps in a wrongful death lawsuit, we are here to help. Contact us at 803-432-4391 to request a consultation, and let us provide the support and expertise you need during this difficult time.