Wrongful Death 101: What You Need To Know About Wrongful Death In South Carolina

When a loved one passes, there is always an emotional toll. Regardless of the circumstances, dealing with the emotional anguish, making estate arrangements, and other details require time and energy. While no amount of money can compensate for the loss of a loved one, a wrongful death lawsuit can help to offset the costs of final arrangements and loss of household income.

Who can file a wrongful death lawsuit?

South Carolina Civil Code allows immediate family members, heirs, or the executor of an estate to bring a lawsuit for damages when a loved one dies because of wrongful acts. The Civil Code allows different parties to file a wrongful death lawsuit under a variety of circumstances.

The Civil Code lays out familial relationships and succession of beneficiaries. Simply put, spouses come first, followed by children, parents, then heirs. Lawsuits must be filed in the name of the executor of the will or someone acting in the same capacity.

The statute of limitations for a wrongful death lawsuit in South Carolina can vary depending on the exact circumstances of your case, so it is important that you speak with an attorney about your options. The proceedings can be complex, especially if the decedent has a large estate and extended family. Filing as soon as possible is advisable; it can reduce confusion, ensure that the circumstances of the death were clear, and prevent a long and drawn case and the resulting emotional trauma.

What type of damages can you expect to recover?

Those eligible to bring a suit are entitled to damages determined by a jury. Damages are intended to be proportional to the injury resulting from the decedent’s death. If the death resulted from reckless, willful or malicious conduct, the plaintiff may be entitled to punitive damages.

We at McGowan, Hood, Felder & Phillips, LLC, know that the time after a loved passes is difficult. The emotional and financial burden can be extreme, and making sure the bills are paid can allow you and your family the time you need to grieve.

Our experienced South Carolina wrongful death attorneys are familiar with the complexity of wrongful death cases, and can provide compassionate guidance to make sure your family is taken care of. If you have any questions, we invite you to visit our offices in Anderson, Columbia, Rock Hill, Sumter, or Georgetown, or contact us today for a free consultation, or call 803-327-7800.