Thomas _Tommy_ E. Pope

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. Contact the Rock Hill law office of Elrod Pope Accident & Injury Attorneys today at (803) 324-7574 to schedule a free initial consultation.

What is a Wrongful Death in South Carolina?

Wrongful death occurs when someone dies in an accident caused by the negligence or wrongful conduct of another party. Examples of tragic situations resulting in wrongful death can include a severe crash along high-traffic routes like Interstate 77 (I-77), a collision on Celanese Road (SC-161), or a major crash at busy intersections like Dave Lyle Blvd & Mount Gallant Rd. In other instances, fatal injuries stem from medical errors or secondary complications following emergency care at facilities like Piedmont Medical Center (Rock Hill).

Who Can File a Wrongful Death Claim in South Carolina?

Determining who can file a wrongful death claim on behalf of the deceased is governed by SC Code Section 15-51-10 and Section 15-51-20. Under South Carolina law, a wrongful death lawsuit must be formally brought by the court-appointed Personal Representative (executor or administrator) of the deceased person’s estate.

If an executor was named in the deceased’s estate plan, that individual typically steps into the role. If no estate plan exists or no executor was named, the York County Probate Court (York, SC) can formally appoint an administrator or Personal Representative to open the estate and pursue legal action.

The appointed Personal Representative acts on behalf of surviving statutory family members, which may include a surviving spouse, children, parents, or legal heirs. While the claim itself is formally filed by the Personal Representative, the financial recovery is distributed to eligible family members to help ease the burden of their loss. Survivors wishing to receive compensation must establish their legal relationship to the deceased and document the financial and emotional losses resulting from the death.

Survivors wishing to file a claim must be able to prove their relationship to the deceased and any monetary burdens resulting from the death to be compensated accordingly.

What Sort of Compensation Can I Get from Wrongful Death?

If your loved one was the victim of wrongful death, many types of compensation 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 may also come into play when 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.

What Are the Time Limits in a South Carolina Wrongful Death

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 Accident & Injury Attorneys is a Rock Hill, South Carolina firm staffed by caring, experienced attorneys who 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 the loss of a loved one. The Elrod Pope Accident & Injury Attorneys realize 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 the justice you and your loved ones deserve. Contact us today!

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