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How Long Do I Have to File a Wrongful Death Claim?

You typically have three years from the date of your loved one’s death to file a wrongful death claim in Greenwood, SC. Missing that deadline, the courts will most likely block your claim forever. That’s why you need a lawyer who acts fast to preserve your rights and help your family pursue real justice.

At Nicholson, Meredith & Anderson, we understand the heartbreak, confusion, and anger that your family is going through. Our Greenwood, SC, wrongful death attorneys have secured justice and compensation for many families whose lives have been torn apart by a loved one’s tragic end. We can do the same for you if you let us.

The Deadline for Filing Wrongful Death Claims in Greenwood, SC, Varies

SC’s wrongful death statute gives families a very limited window to bring a wrongful death claim. Generally speaking, if your claim is against a private individual, company, or other non-governmental party, you must file it within three years of your loved one’s passing. However, when the defendant is a governmental entity, such as a county, city, or public hospital, the deadline is shorter. In such cases, you must comply with stricter notice or filing requirements within two years.

Some rare circumstances may allow for delays, also known as tolling. For instance, if the wrongful act was concealed or hidden, such as a medical mistake that led to your loved one’s death, your Greenwood, SC, wrongful death lawyer may argue that the statute should start when you reasonably discovered the negligence, not the death. However, courts treat those exceptions narrowly.

Furthermore, once the deadline passes, the court rarely shows mercy. Even if you have the strongest wrongful death case, it can be dismissed before the judge even reads the facts of your claim.

How a Greenwood, SC, Wrongful Death Attorney Can Protect Your Claim

With an experienced Greenwood, SC, wrongful death lawyer working on your case, you can expect them to do the following and more.

Preserve Evidence Early

Local cameras and intersection footage are often recorded over quickly if not secured fast. Your attorney will move immediately to issue preservation letters for video, crash scene photos, hospital records, forensic reports, and police files.

Determine The Correct Deadline

They will analyze whether your claim faces the standard three-year window or the shorter term for government defendants. Likewise, they will assess whether your facts could support tolling or delayed discovery arguments.

Manage Estate and Procedural Formalities

Because a wrongful death claim must be filed by a personal representative of your deceased loved one’s estate, a court can toss your case regardless of merit if that role isn’t handled properly. Your Greenwood, SC, wrongful death attorney can guide you through the stringent probate steps, so your lawsuit won’t fail due to procedural reasons.

Draft Precise Paperwork

Complaints must name the right parties, follow venue rules, adhere to notice obligations for public defendants, and hit statutory filing standards, among others. Your lawyer will construct your pleadings, so they withstand defense challenges from day one.

Push Discovery and Respond to Early Motions

Once filed, your attorney can force disclosure from defendants, even government entities, on crash analysis, internal reports, and policies. They can oppose motions to dismiss or motions for summary judgment that try to kill your case before trial.

Seek Legal Assistance From Our Wrongful Death Lawyers in Greenwood, SC

Learn more about wrongful death claims and how our Greenwood, SC, wrongful death attorneys at Nicholson, Meredith & Anderson can assist you by scheduling your complimentary consultation at 864-229-7241 or online. Our compassionate team is ready to help.