When you lose a loved one, it is a tragedy. Their death may be even more tragic if your loved one died suddenly. However, sometimes your loved one’s death could be out of anyone’s control.
There are times when a loved one died because of the negligent or reckless behavior of someone else. When this happens, then the family of the deceased may be able to file a wrongful death lawsuit, which allows them to recover monetary damages for their loss.
We want you to have a basic understanding of Tega Cay, South Carolina wrongful death claims so you can understand your rights. As you will see, a wrongful death claim in South Carolina can be a complex legal matter.
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If you have additional questions as to whether you have a claim for wrongful death in Tega Cay, South Carolina, then we welcome you to contact one of our wrongful death attorneys at Elrod Pope.
What is Wrongful Death in Tega Cay, South Carolina?
According to South Carolina law a claim for wrongful death can 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.”
What this means is that the entity or person who caused the death of your loved one may be held liable for any damages.
Who Can File A Tega Cay, South Carolina Wrongful Death Claim?
In South Carolina, there are specific individuals who can file a claim for wrongful death. They include:
- The personal representative who is the administrator and/or executor of your loved one’s estate. If your loved one had an estate plan in place, the executor may have already been named in those documents.
If your loved one died without a will or estate plan, then the court could appoint a personal representative and/or executor. Once the executor has been appointed, they will then be allowed to file a Tega Cay, South Carolina wrongful death claim.
- The spouse and children of the deceased
- If there isn’t a spouse, or children, then the parent or parents may file a claim for wrongful death.
- 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 Tega Cay, South Carolina Wrongful Death Claim?
The wrongful death statute in South Carolina was enacted to provide monetary compensation to the deceased’s survivors to ease the financial and emotional loss of their loved one. The kinds of damages you may be able to recover in a wrongful death claim include, but may not be limited to:
- Emotional Pain and Suffering
- Funeral and Burial Expenses
- Loss of Emotional Support, Companionship, and Love
- Loss of Financial Support
- Lost Wages and/or Benefits Your Loved One Would Have Earned
- Medical Expenses Related to the Injury that Caused Your Loved One’s Death
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 Tega Cay, South Carolina?
If your loved one died as a result of another’s reckless and/or negligent actions, the surviving 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:
- Construction or Workplace Accidents
- Defective Products
- Medical Malpractice
- Pedestrian Accidents
- Vehicle Accidents including Cars, Motorcycles, and Trucks
What is a Survival Claim in Tega Cay, South Carolina?
Besides a wrongful death claim, the deceased’s personal representative may be able to file a lawsuit for any medical expenses and pain and suffering the deceased could have experienced between the time of their accident and their death. This is known as a survival claim.
In order for a survival claim to be brought to court, there must be ample evidence that your deceased loved one survived for a period time after the accident until their death.
The proceeds from a Tega Cay, South Carolina survival claim will go to the deceased’s estate as opposed to a claim for wrongful death in which the proceeds would go to those entitled to receive damages.
This means that the persons entitled to recover damages from the survival claim are the heirs named in the deceased’s will or estate. These people may be different than the persons identified by South Carolina statute as being able to recover damages for a wrongful death claim.
The Tega Cay, 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 Tega Cay, South Carolina?
The law in South Carolina states that the personal representative has three (3) years from the time of your loved one’s death to file a wrongful death claim. If the claim is not filed within the time limit, the court will not hear your case.
In certain circumstances, you may have up to six (6) years to file a claim for wrongful death if your loved one’s death was caused by medical malpractice.
Get Your Free Case Evaluation
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 Tega Cay, 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 and your family can focus on moving forward with your lives.
