Wrongful Death in Fort Mill, South Carolina

The death of a loved one is tragic. Their death is made even more tragic if your loved one dies suddenly. In some cases, the reason for your loved one’s death may be out of anyone’s control.

However, sometimes a loved one loses their life because someone else acted in a negligent or reckless manner. If this happens, then you, as the family of the deceased, may be able to file a wrongful death claim, which will allow you to recover monetary damages for your loss.

In this article, we will ensure you have a basic understanding of Fort Mill, South Carolina wrongful death claims so you can make an informed decision. As you will see, a wrongful death claim in South Carolina can be a complex legal matter.

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If, after reading this article, you have additional questions as to whether you may have a claim for wrongful death in Fort Mill, South Carolina, then we welcome you to contact one of our wrongful death attorneys at Elrod Pope.

What is Wrongful Death in Fort Mill, South Carolina?

South Carolina law states that a claim for wrongful death may be filed “whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act of neglect or default is such as it would, if death had not ensued.”

In a nutshell, this means that the person and/or entity that caused the death of your loved one is liable for any damages.

Who Can File A Fort Mill, South Carolina Wrongful Death Claim?

In South Carolina, there are only certain individuals who are eligible to file a claim for wrongful death. They include:

  1. The personal representative who is the executor and/or administrator of your loved one’s estate. If your loved one had an estate plan, the executor could have already been named in those documents.

If your loved one died without an estate plan, then the court could appoint executor. Once one has been appointed, they will be allowed to file a Fort Mill, South Carolina wrongful death claim.

  1. The spouse and children of the deceased
  1. If there isn’t a spouse, or children, then the parent or parents may file a claim for wrongful death.
  1. If there are no parents of the deceased, then the heirs will be allowed to file a claim for wrongful death in South Carolina.

What Are the Damages Available in A Fort Mill, South Carolina Wrongful Death Claim?

The purpose of a South Carolina wrongful death claim is to provide financial compensation to the deceased’s survivors to ease the emotional and financial loss.  The types of damages you may be able to recover in a Fort Mill, South Carolina wrongful death claim include, but may not be limited to:

  1. Emotional Pain and Suffering
  1. Funeral and Burial Expenses
  1. Loss of Emotional Support, Companionship, and Love
  1. Loss of Financial Support
  1. Lost Wages and/or Benefits Your Loved One Would Have Earned
  1. Medical Expenses Related to the Injury that Caused Your Loved One’s Death

Additionally, in some cases, you may be eligible to receive compensation for the loss of your loved one’s experience, knowledge, and/or protection.

What Are Some Common Examples of Wrongful Death Claims in Fort Mill, South Carolina?

If your loved one died as a result of another’s negligent or reckless behavior, the family members may have a claim for wrongful death. Some of the most common examples of wrongful death claims in South Carolina include, but aren’t limited to:

  1. Construction or Workplace Accidents
  1. Defective Products
  1. Medical Malpractice
  1. Pedestrian Accidents
  1. Vehicle Accidents including Cars, Motorcycles, and Trucks

What is a Survival Claim in Fort Mill, South Carolina?

In addition to a wrongful death claim, the deceased’s personal representative for their estate may also be able to file a lawsuit for any pain and suffering and medical expenses that the deceased experienced between the time of their accident and their death. This is called a survival claim.

In order for a survival claim to be viable in court, there must be evidence that your deceased loved one survived for a period time after the accident until their death.

The proceeds from a Fort Mill, South Carolina survival claim will go to your deceased loved one’s estate as opposed to a claim for wrongful death in which the proceeds would go to those who are entitled to receive damages.

What this means is that the people entitled to damages for the survival claim are the heirs named in your deceased loved one’s will or estate which may be different than the people identified by South Carolina statute as being able to recover damages for a wrongful death claim.

The Fort Mill, South Carolina attorneys at Elrod Pope understand the distinction between a survival claim and wrongful death claim and can assist you in apportioning the proceeds between both claims in order to achieve the most equitable result for everyone involved.

What is the Statute of Limitations for a Wrongful Death Claim in Fort Mill, South Carolina?

The law in South Carolina states that the personal representative and/or executor has three (3) years from the time of death to file a wrongful death lawsuit. If the claim is not filed within the time limit, the court will not hear the case.

However, in certain circumstances, there may be up to six (6) years to file a claim for wrongful death if your loved one’s death was caused by medical malpractice.

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No upfront costs to you or your family. We strive to recover the maximum possible compensation allowed under the law for our clients.

Why Do I Need a Fort Mill, South Carolina Attorney to File a Wrongful Death Claim?

Wrongful death claims are extremely complicated, and you will need an experienced, skilled, and knowledgeable attorney in your corner to convince a South Carolina judge or jury that your loved one’s death may have been preventable.  Please contact the wrongful death attorneys at Elrod Pope today to find out how we can assist you in settling your case in a timely manner so you can focus on moving forward with your life.

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