South Carolina Wrongful Death Attorney

The loss of a loved one is an extremely traumatic experience, and the pain can be even more difficult to bear when it is the result of the negligence or intentional actions of another party. In South Carolina, families who have suffered the loss of a loved one as a result of wrongful death may have the ability to pursue legal action in order to obtain justice and compensation for their loss. 

The wrongful death attorneys at Hyde Law Firm specialize in handling cases where a person’s death was caused by the misconduct or negligence of another individual, company, or entity. By seeking our guidance and representation, you can pursue the closure and compensation that you deserve in this tragic circumstance. 

What Is a Wrongful Death Claim In South Carolina?

A wrongful death claim may be brought when a wrongful act, default, or neglect of one party leads to the death of another. Common accidents which usually lead to wrongful death claims include:

• Auto accidents
• Medical malpractice
• Workplace accidents
• Dangerous premises accidents
• Defective products
• Intentional acts of violence including negligent or reckless acts involving weapons
• Pedestrian and bicycle accidents
• Drowning accidents
• Murder and other criminal acts of violence
• Infliction of emotional distress or harassment that results in an individual committing suicide

Understanding the Basics of a Wrongful Death Claim In South Carolina

Who Can File A Wrongful Death Lawsuit In South Carolina?

In South Carolina, a wrongful death lawsuit is treated similar to a personal injury lawsuit on behalf of the deceased person. The lawsuit is filed by the administrator or executor of the deceased person’s estate, who is usually named in the will or appointed by the court if no executor is named.

The lawsuit may also be filed on behalf of the surviving family members who are entitled to recover damages from the negligent party. The potential beneficiaries of a wrongful death claim in South Carolina include primary and secondary beneficiaries. Spouses and children are considered primary beneficiaries while surviving parents and siblings may be categorized as secondary beneficiaries. 

Heirs named in the will may also be entitled to file a wrongful death lawsuit in south carolina. However, there are certain exceptions to these laws. For example, parents who abandoned their child before the age of 18 may not be eligible to collect damages under a wrongful death lawsuit incase of the child’s death.

Calculating Damages in a Wrongful Death Case

The damages awarded in a wrongful death case can vary depending on the circumstances.  Generally, damages are categorized into economic, non-economic and punitive damages. Economic damages include  lost wages, medical bills incurred before the death, future earnings and financial support the deceased would have provided. 

 Non-economic damages include  pain and suffering experienced by the deceased, loss of companionship and emotional distress. Punitive damages is the extra compensation awarded in cases where there was intentional misconduct or gross negligence.

Seeking Compensation For Punitive Damages In Reckless Death Cases In South Carolina

Punitive damages are designed to punish the defendant and prevent similar behavior in the future. The criteria for awarding punitive damages is rather strict. It includes: 

1. The individual must’ve demonstrated willful conduct i.e the individual consciously disregarded the safety and rights of others, knowing that their actions were likely to cause harm.
2. The individual’s action may show wanton conduct i.e their actions demonstrate “reckless” disregard  for the safety and well-being of others, with a conscious indifference to the consequences of their actions. 
3. The individual must demonstrate reckless conduct i.e defendant’s actions were grossly negligent, exhibiting a substantial lack of concern for whether an injury would be caused.
4. Malicious conduct i.e the defendant acted with ill will, hatred, or a spirit of revenge towards the deceased. 
5. Fraudulent conduct. This is when the defendant intentionally misrepresented or concealed material facts related to the wrongful death case. 

One of these points needs to be established to be awarded punitive damages.

Statute of Limitations In a Wrongful Death Claim In South Carolina

The timing for the Statute of Limitations against governmental and non- governmental defendants differ. Against governmental bodies, you have 2 years to bring a lawsuit while against non-governmental bodies you have 3 years to bring forth a lawsuit. However, there are certain exceptions to these rules such as discovery rule i.e when the cause of death is not known immediately, and may come into light years after it was committed. 

In such a scenario, the three year time frame begins from when it was discovered. Additional exceptions include fraudulent concealment and minor exceptions in which the Statute of limitations pauses until the minor reaches the age of majority.

Navigating the rules, exceptions and the Statute of limitations is a rigorous process which requires focused and detail oriented attorneys. The experienced wrongful death attorneys at Hyde Law Firm can help navigate the legal process and ensure the claims are made in a timely manner. Book a consultation today!

Frequently Asked Questions

Q: Can You File A Wrongful Death Claim For An Unborn Child In South Carolina?

Yes, under South Carolina’s Wrongful Death Act, a fetus that was viable at the time of injury and subsequently born alive can be the basis for a wrongful death claim if it later dies from those prenatal injuries

Q: Can You Still File Suit If The Deceased Was Partially At Fault?

Yes, South Carolina follows a comparative negligence rule. As long as the deceased was not more than 50% at fault, their beneficiaries can still recover damages reduced by the percentage of the deceased’s fault.

Q: How Are Wrongful Death Settlements Or Verdicts Distributed?

Any monetary recovery goes into the deceased person’s estate, which is then distributed to the statutory beneficiaries according to South Carolina’s intestate laws or the deceased’s will. The distribution must be approved by the probate court.

Q: What Qualifies As A “Wrongful Act” Under South Carolina’s Wrongful Death Law?

A “wrongful act” can include negligent or reckless behavior that causes a fatal injury, such as a car accident due to drunk driving, medical malpractice resulting in death, or a fatal accident caused by unsafe working conditions or defective products.