Losing someone you love is never easy. When the loss is due to the negligent or careless actions of someone else, it is particularly frustrating. If you have lost someone you love and another person is to blame, you may be able to file a claim against them.
However, only certain people can file a wrongful death claim in South Carolina. It is important to know who these individuals are, and the other laws regarding wrongful death in the state, so your family obtains the compensation you deserve. Below, our Columbia wrongful death lawyer explains who can file a wrongful death claim in the state.
What is Wrongful Death in South Carolina?
A wrongful death occurs when a person loses their life due to the careless, reckless, or malicious acts of another person.
Essentially, if a person had survived the accident and they would have been able to file a lawsuit against the negligent party, this can constitute wrongful death. A wrongful death in South Carolina can happen in a number of ways. These include:
- Medical malpractice
- Birth injuries
- Defective products
- Nursing home abuse
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability accidents, such as slip and falls
- Bicycle accidents
- Dog bites
Regardless of the cause of the death, certain individuals can file a claim against the liable party who caused the death. Before filing, it is important to know who can file a wrongful death claim.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, only the personal representative of the estate can file a wrongful death claim.
These individuals are also sometimes referred to as executors, but in South Carolina, the term ‘personal representative’ is used. If the deceased had written a will prior to their death, this legal document would name the personal representative. If the deceased had not named a personal representative, the probate court will appoint one. Under the law in South Carolina, certain individuals are eligible to receive compensatory or punitive damages in a wrongful death case. These individuals are as follows:
- A surviving spouse or child of the deceased
- The parents of the deceased, if there is no surviving spouse or child
- Other heirs of the deceased if there are no surviving parents
Even though the personal representative is the only individual who can file a wrongful death claim in South Carolina, any compensation received will be distributed among the deceased’s heirs and beneficiaries.
How to File Wrongful Death in South Carolina
There are many steps to follow when filing a wrongful death claim in South Carolina. The first step is for the personal representative to collect evidence showing that another person’s negligence or carelessness caused the death. The personal representative can also file a wrongful death claim if an intentional act caused the death. This evidence includes footage from surveillance cameras, eyewitness testimony, and medical records. After the personal representative has gathered evidence, they must then notify the beneficiaries of the pending wrongful death lawsuit.
The personal representative will then file a complaint with the court. The complaint will outline the facts of the case, the identity of the defendant, and the full damages they are pursuing. After the defendant has been notified of the pending lawsuit, they then have a certain amount of time to respond to the lawsuit and gather evidence of their own to prove their case.
Although it is not necessary to work with a South Carolina wrongful death lawyer when filing a claim, it does increase the chance of obtaining full compensation. Once the case enters discovery, each side will exchange information with the other. A lawyer is particularly helpful at this point because they will enter into negotiations. The vast majority of wrongful death claims are settled outside of the courtroom. However, when insurance companies and liable parties refuse to offer a fair settlement, a case may have to go to trial.
Compensation Available in Wrongful Death Claims
There are many forms of compensation, known as damages, that families can pursue in wrongful death claims. These damages fall into one of two categories: economic and non-economic losses.
Economic losses have an actual dollar value because they are tangible. The most common types of economic damages in wrongful death claims include:
- Medical expenses incurred by the deceased due to the injury that resulted in their death for surgeries, hospital stays, prescription medications, and more
- Funeral and burial expenses of the deceased
- The wages lost by the deceased because they could not return to work after the injury
- The loss of household services the deceased performed
Common non-economic damages available in wrongful death claims include:
- The loss of consortium and companionship for the surviving spouse of the deceased
- The loss of education and guidance for any surviving minor child of the deceased
- Pain and suffering for family members of the deceased
Pain and suffering experienced by the deceased prior to their death is not available in a wrongful death claim. However, the personal representative can prune these damages through a survival claim.
How Long to File Wrongful Death in South Carolina
As with all personal injury claims, those involving wrongful death are governed by a statute of limitations, or time limit. In South Carolina, this is three years from the date of the death. It is critical that a personal representative files a claim within this time. If they do not, the beneficiaries will lose their right to obtain any compensation at all.
Our Columbia Wrongful Death Lawyer Can Help with Your Case
Losing someone you love is never easy. The last thing you should have to worry about right now is navigating a complicated legal process. At Rikard & Protopapas, our Columbia wrongful death lawyer can handle the legal aspects of your claim so you can focus on yourself, your family, and moving forward after your devastating loss. Contact us now to schedule a free consultation and to obtain the legal advice you need.