Losing a loved one is difficult, but there is an added sense of frustration when the loss is due to wrongful death. Fortunately, the right Rock Hill, South Carolina wrongful death lawyer can get you the help you need.
What is a Wrongful Death in South Carolina?
Wrongful death is when someone dies in an accident caused by someone else. Examples of situations resulting in wrongful death can include a car crash, medical malpractice and more. If your loved one has suffered a wrongful death, you can seek justice with a reliable Rock Hill wrongful death lawyer like Elrod Pope.
Who Can File a Wrongful Death Claim in South Carolina?
Determining who can file a wrongful death claim on behalf of the deceased is determined by SC Code Section 15-51-10. South Carolina law dictates that the claim must be filed by an executor or administrator of the deceased’s estate. This person may have been named in the deceased’s estate plan.
If no executor or administrator has been named, or if this person does not want to move forward with filing the claim, the court can appoint someone else.
The chosen executor acts on behalf of the family which may include surviving spouses, children, parents or heirs at law if no others are available. This means you can get compensation for your loved one’s wrongful death even if you aren’t part of the legal claim.
Survivors wishing to file a claim must be able to prove their relationship to the deceased and any monetary burdens resulting from the death in order to be compensated accordingly.
What Sort of Compensation Can I Get from Wrongful Death?
If your loved one was the victim of wrongful death, there are many types of compensation that may be available to you. Compensation will include monetary loss as well as the emotional damage that may have been done, which is especially important when considering dependent children.
Compensation may cover any of the following damages:
- Medical expenses for the deceased that may have been incurred prior to death
- Funeral and burial expenses
- Loss of income
- Loss of care and affection
- Mental anguish for surviving family members
- Loss of future wages
- Loss of benefits
- Loss of inheritance
- Loss of financial support
Punitive damages also may come into play in cases where the at-fault party was especially careless or malicious. Punitive damages can be effective in preventing the person from exhibiting similar conduct in the future.
Time Limits in a South Carolina Wrongful Death Case
It’s important to realize that South Carolina law places a three-year statute of limitations of wrongful death claims. Therefore, you will want to act as soon as possible or you will not be eligible for any compensation for the wrongful death.
Three years may seem like a long time, but it passes quickly, which is why it’s important to act fast if you want to be compensated for wrongful death. Filing in a timely manner may also make it easier to collect the evidence necessary for building a strong case.
Evidence Required in a South Carolina Wrongful Death Claim
For loved ones to be compensated for the wrongful death of a loved one, it must be proven that the death was a direct result of negligence on the part of someone other than the deceased. The death certificate will be an important piece of evidence because it will indicate the cause of death. Any other details or information concerning the circumstances of the death, copies of records and testimonies provided by witnesses will be important as well.
Contacting a South Carolina Lawyer for Your Wrongful Death Claim
When you are grieving for a loved one, it can be difficult to think about the legal action you need to take. However, this is a necessary step in moving forward and getting the compensation you are entitled to.
Contact a Rock Hill Wrongful Death Lawyer Today
The Elrod Pope Law Firm is a Rock Hill, South Carolina firm staffed by caring, experienced attorneys that will see to it that justice is served.
The firm was founded in 1980 by armed forces veteran, Luther C. Elrod. Elrod used his civil experience and courtroom skills to put together a team of carefully selected professionals who are all skilled in areas of accidents, injuries and wrongful death.
Proving a wrongful death is a complicated matter and can be especially difficult when you are grieving for the loss of a loved one. The Elrod Pope Law Firm realizes how painful this can be. Let them take this burden off your shoulders. Have them fight for you so that you can get you the compensation you need and justice you and your loved ones deserve.