Wrongful Death Claims in South Carolina | What to Know

If you lost a loved one because of the negligence of another, you may want to consider your legal options. Continue reading and reach out to our firm today to speak with a dedicated Columbia wrongful death lawyer today. We are on your side.

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

Keep in mind that the state of South Carolina has a hierarchy in place concerning who is qualified to bring a wrongful death claim on behalf of their loved one. The first party who can bring a claim is the individual’s spouse. However, if the decedent was not married, his or her children can bring a wrongful death claim. If the decedent was not married and had no children, the decedent’s parents can bring a claim. In the event that none of these parties are living or exist, the action will be for the benefit of the decedent’s heirs. In this circumstance, the decedent’s executor or administrator of their estate will pursue the wrongful death claim.

What damages can I recover?

In order to have a successful claim, our legal team will have to establish to the court that your loved one lost his or her life as a result of another’s negligence, and if that individual had lived, he or she would have had a viable personal injury claim against the responsible party. So long as our firm can prove your claim, you may receive financial compensation for the following burdens sustained by the loss:

  • The loss of financial support
  • The cost of funeral expenses
  • Pain and suffering
  • The loss of companionship or guidance
  • The cost of the medical treatment your loved one received before he or she passed away
  • The cost of household services traditionally provided by your loved one, such as mowing the lawn
  • The loss of enjoyment of life

What is the statute of limitations in South Carolina?

Usually, in South Carolina, the statute of limitations for wrongful death claims is three years. Our firm recognizes that filing a legal claim is the last thing on your mind during a time of great grief, however, our firm is prepared to do the work to allow you to remain focused on healing and being in the comfort of your family. Our Columbia personal injury lawyer will keep you in the loop through each step and work to obtain the justice you and your loved one deserve. Give us a call today to get started.

Contact Our Experienced South Carolina Firm

If you require legal representation for matters of personal injury, elder abuse, or whistleblower protection, look no further than Mann Blake & Jackson Law. To discover more about our services and how we can assist you, contact our firm today.