Wrongful Death

A "wrongful death" is a death resulting from a wrongful or neglectful act. The death must be caused by an act that could have been filed as a personal injury claim had the decedent - the formal term for the person who was killed -lived. If your loved one was passed as a result of a wrongful death, you might be able to seek compensation if negligence or a willful act played a part in their death.

What Type of Damages Can be Sought in a Wrongful Death Case?

Wrongful death suits are not brought to assign blame, but to seek monetary damages. Some of the damages that can be filed for include:

  • Funeral bills
  • Lost wages and benefits
  • Medical bills related to the injury that caused death
  • Loss of the decedent's protection and care
  • Financial losses and property damage related to the death
  • Loss of the decedent's knowledge and judgment
  • Pain and suffering, including mental distress, caused by the loss of a loved one
  • Additional damages may be awarded if the conduct was deemed to be reckless or deliberate

Who Can File a Claim for Wrongful Death?

In the state of South Carolina, a wrongful death claim must be filed the by a person who is named as the executor or administrator of the estate. If there is no executor named and one can not be found, the court will appoint one.

While it is the administrator or executor that brings the claim, they do it on behalf of the decedent's family. The wrongful death suit will be filed on behalf of:

  • The spouse or child of the deceased
  • The parents of the deceased
  • The deceased's heirs if they had no spouse, children, or living parents

Time Limits on Wrongful Death Cases

In South Carolina, all wrongful death cases must be filed before the statute of limitation expires which is three years from the date of the person's death in most cases. If your claim is filed after the three-year date, the court will no longer hear the case, so filing in a timely fashion is essential. You should speak with an attorney as soon as possible to ensure that you have not missed this deadline or any other deadline that is applicable to your particular circumstances.

Contact Trusted Legal Counsel Today

Do not risk missing the filing deadline on your wrongful death claim or other type of injury case. These cases can require a significant amount of preparation so seeking legal advice as early as possible will ensure that you meet the filing deadline and can seek compensation for the untimely death of your loved one. At Drennan Law Firm we are here to help with the ins and outs of your case and help to alleviate some of the stress a legal case can cause. Contact us today at 843-352-4149 or email us today for a free consultation.