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What Constitutes a Wrongful Death Claim?

South Carolina law defines wrongful death to occur when a party’s “wrongful act, neglect, or default” causes another person’s death. If you have lost a loved one due to another person’s actions or failure to act, you may consider taking legal recourse. In South Carolina, the executor of the estate must file a wrongful death action, with compensation being awarded to family members as specified by state law. For family members to recover damages, they must show how the wrongful person’s conduct resulted in the deceased’s fatal injuries. This can be a complex process, requiring that you know what evidence to gather and have a firm handle on legal procedures.

At Nicholson, Meredith & Anderson, our Greenwood wrongful death lawyers have been fighting for the rights of families for more than a century. While we understand that no dollar amount can ease your pain, we also know that the loss of a loved one’s financial support can place a heavy burden on a family. By helping you recoup your losses, we can rest easier knowing that justice has been served.

What is Wrongful Death?

South Carolina considers any intentional, negligent, or reckless act that causes another person’s death to constitute wrongful death. A valid wrongful death claim exists if the victim would have been eligible to recover damages for the personal injury they sustained if the act had not resulted in their death. Under South Carolina’s Wrongful Death Act, spouses and children are eligible to recover damages, followed by the deceased’s parents (if there is no spouse or children), and finally, the deceased’s heirs (if there is no spouse, children, or parents).

Establishing a Loved One’s Death Was “Wrongful”

Being awarded damages in a wrongful death suit involves demonstrating the following:

• The wrongful party (defendant) owed the deceased an obligation to act with reasonable care.
• Whether it be through an intentional act, carelessness, a blatant disregard for the deceased’s safety (recklessness), or an omission, the defendant breached the duty of care owed to the deceased.
• As a result of the defendant’s breach of duty, the victim suffered injuries, resulting in their death.
• Family members must show the damages or losses that they sustained due to the deceased’s death.

Statute of Limitations and Seeking Legal Guidance

Wrongful death is considered the untimely passing of another. Whereas a family needs time to grieve the loss of a loved one, filing a wrongful death suit may be essential to help alleviate the lost financial support that was once being provided. Wrongful death claims are common when the deceased failed to plan for their family’s financial future in the event of their death (such as not carrying life insurance).

Even if you have a valid wrongful death claim, you only have three years in South Carolina to take legal action before you are barred from recovery. In taking legal action, family members can regain the financial prosperity that they once knew. Damages in a Greenwood wrongful death claim may include medical expenses incurred by the deceased prior to their death, funeral, and burial costs, loss of future wages due to the deceased’s untimely death, loss of consortium, infliction of emotional distress, and pain and suffering.

There may be other damages to which you are entitled, so it is crucial that you speak with a Greenwood wrongful death lawyer who can determine the entire worth of your case.

Speak with a Greenwood Wrongful Death Lawyer Today

The unexpected death of a loved one can be an utter shock to loved ones. If you have recently lost a family member caused by the fault of another, legal recourse may be available. Although it is impossible to bring the deceased back, recovering compensation can ease the financial and emotional distress caused by their death. At Nicholson, Meredith & Anderson, we have helped numerous families seek legal retribution against wrongful persons. To arrange your free case analysis with one of our Greenwood wrongful death attorneys, contact us online or by phone at (864) 229-7241 today.