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Types of Wrongful Death Cases

Life is regrettably fragile, and each year, far too many of our friends and loved ones are taken away from us. Even worse is when that life is lost prematurely, through no fault of their own, but due to the negligent or reckless actions of another. While no amount of money can ever make up for your loss, the Elrod Pope Law Firm can help you recover everything the law permits.

Wrongful death cases are often extremely complicated. Multiple people or companies may have been at fault, and you will have to decide which ones to sue. Evidence can be difficult to collect, as there may be no eyewitnesses, or none besides the defendant or its employees. Damages also range from the victim’s wrongfully shortened life to your loss of companionship to punitive damages. Negotiating our legal system and dealing with opposing attorneys and insurance companies is difficult in the best of times, and the stress and anguish following a wrongful death make it among the worst of times.

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The lawyers at the Elrod Pope Law Firm have dozens of years of experience handling wrongful death cases. We understand the pain you’re suffering, and you have our sympathy, whether you’re a client or not. Don’t let the defendant’s attorneys take advantage of your grief by accepting a hasty, inadequate offer. At Elrod Pope Law Firm, we will gather evidence, evaluate damages, and negotiate with the opposing attorneys. Dealing with the loss of a loved one is hard enough. Trying to manage a lawsuit while experiencing that loss is nearly impossible. Come to the experienced, compassionate lawyers at Elrod Pope Law Firm, and let us fight for you.

Who Can File a Wrongful Death Claim in South Carolina?

The only person who can file a wrongful death lawsuit in the state of South Carolina is the estate administrator or executor of the decedent’s estate. However, while this is the only party who may bring forth a claim, damages can be awarded to the decedent’s beneficiaries. Those who may recover damages in a wrongful death suit include the decedent’s:

  • Spouse;
  • Children;
  • Parents; and
  • Any other surviving heirs if the above parties do not exist.

Proving a Wrongful Death Survivor

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

Evidence Required in a Wrongful Death Case

It must be proven that the death was the direct result of the negligence of someone other than the deceased. The death certificate is important since it indicates the cause of death. Gathering and retaining any details or information about the circumstances surrounding a wrongful death is crucial. This may include different forms of evidence to be presented including, but not limited to, copies of records and eyewitness testimony.

Damages Available in a Wrongful Death Claim

In a wrongful death claim, a person can seek the same types of damages that are available in a personal injury claim – both economic and noneconomic. Further, an individual can also seek damages for burial and funeral benefits, and other noneconomic losses, including the loss of protection, companionship and protection; the loss of judgment; the loss of guidance; and pain and suffering of surviving family members.

Eligible Types of Wrongful Death Compensation

  • Funeral and burial expenses
  • Medical and hospital bills
  • Loss of Companionship: emotional grief resulting from losing the fellowship or friendship of another
  • Pain, suffering and mental anguish
  • Loss of future wages: the amount of money the victim would have earned if they had continued working
  • Loss of financial support
  • Loss of benefits: includes health insurance
  • Loss of inheritance
  • Punitive damages: payment from the responsible party meant as punishment for negligence

Against Whom May a Wrongful Death Action Be Filed?

A plaintiff in a wrongful death suit has the right to file their wrongful death action against any liable party. This might include:

  • An individual property owner;
  • A business or corporation;
  • The manufacturer of a product;
  • A driver or vehicle operator;
  • A doctor or hospital; or
  • A pharmaceutical company.

When the same thing kills many people, a class action lawsuit may be filed.

Remember, the statute of limitations in wrongful death cases is three years. The clock starts ticking from the moment of death.


The lawyers at the Elrod Pope Law Firm have dozens of years of experience handling wrongful death cases. We understand the pain you’re suffering, and you have our sympathy, whether you’re a client or not. Don’t let the defendant’s attorneys take advantage of your grief by accepting a hasty, inadequate offer. At Elrod Pope Law Firm, we will gather evidence, evaluate damages, and negotiate with the opposing attorneys. Dealing with the loss of a loved one is hard enough. Trying to manage a lawsuit while experiencing that loss is nearly impossible. Come to the experienced, compassionate lawyers at Elrod Pope Law Firm, and let us fight for you.

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