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SOUTH CAROLINA WRONGFUL DEATH

Those who have experienced the loss of a loved one due to the negligence of another are familiar with the difficulties that are faced during such time. Loved ones of the deceased going through such a loss, experience significant emotional trauma. A wrongful death lawsuit allows a plaintiff who has lost a loved one due to another's negligence to recover damages from the negligent party. When bringing a South Carolina wrongful death lawsuit, it is not worth risking failure by bringing the lawsuit on your own. It is highly recommended that you hire the help of a South Carolina wrongful death lawyer.

Why Hire an South Carolina Wrongful Death Lawyer?

The emotionally and sometimes financially burdening experience of losing a loved one due to another's negligence is difficult time; further stress should be avoided by attempting to bring a wrongful death lawsuit in South Carolina. If you do experience the loss of a loved one due to the negligence of another, then you should bring a wrongful death lawsuit with the help of a South Carolina wrongful death lawyer. A South Carolina wrongful death lawyer will help reduce the stress associated with a wrongful death lawsuit in South Carolina. A wrongful death attorney understands the rules, regulations, and nuances of the wrongful death system in South Carolina, providing relief and invaluable assistance throughout the emotional draining process. As such, it is highly recommended that you consult a South Carolina wrongful death lawyer when brining a wrongful death lawsuit in South Carolina.

Statute of Limitations for South Carolina Wrongful Death Claims

If you want to bring a wrongful death lawsuit in South Carolina, then you must file your claim within the South Carolina "statute of limitations." This refers to the period of time provided by South Carolina law in which you have to file your wrongful death claim. In South Carolina, the statute of limitations is three years from the date of the death of the deceased.

In case you are unsure about whether your case can be brought within the statute of limitations, then you should not hesitate to contact a South Carolina wrongful death lawyer.

Kinds of Wrongful Death Lawsuits in South Carolina

A South Carolina wrongful death lawsuit may be a result of a variety of different type of incidents. The following accidents may result in a wrongful death lawsuit in South Carolina:

  • Car accidents
  • Medical Malpractice
  • Attack by a criminal
  • Defective product accident

The list above is non-exhaustive and your case may be the basis of a wrongful death lawsuit even if it is not stated above. Do not hesitate to contact a South Carolina wrongful death lawyer to make sure that your case qualifies you to bring a wrongful death lawsuit in South Carolina.

Who Can File For and Recover Wrongful Death Damages in South Carolina?

In order to recover wrongful death damages in South Carolina you must be within a class of individuals as stated in the laws. The following individuals may file to recover damages in wrongful death lawsuits in South Carolina:

  • Deceased's spouse
  • Deceased's children
  • Deceased's parents

It is important to note that only the executor of the deceased's estate or the administrator of the deceased's estate may bring a South Carolina wrongful death lawsuit. If you any questions or concerns about bringing a wrongful death lawsuit in South Carolina, do not hesitate to contact a South Carolina wrongful death lawyer.

Compensation Recoverable in a South Carolina Wrongful Death Lawsuit

Plaintiffs in a wrongful death lawsuit in South Carolina can recover different types of wrongful death damages from the negligent party. A jury must award damages it deems proportional to the injury resulting in the death of the deceased. The following is a non-exhaustive list of the types of damages that may be recovered in South Carolina:

  • Hospital and other medical costs
  • Funeral and burial costs
  • Loss of the deceased's future income
  • Loss of deceased's love and companionship

If it is found that the death of the deceased was due to more than just negligence (i.e. recklessness, malice or willful conduct), then a jury may award exemplary damages

Damages are not restricted to those discussed in the list above; you may be able to recover other types of damages in your specific case. It is highly recommended that you consult a wrongful death lawyer when going through a wrongful death lawsuit to ensure that you recover all forms of wrongful death damages available to you.

South Carolina - Wrongful Death Provisions

South Carolina Code of Laws

  1. Kinds of Wrongful Death Lawsuits
    • S.C. Code Ann. tit. 15, ch. 51, art. 1, §§ 15-51-10 - 15-51-40.
  2. Statute of Limitations
    • S.C. Code Ann. tit. 15, ch. 3, § 15-3-530.
  3. Who Can Be Awarded Damages for Wrongful Death
    • S.C. Code Ann. tit. 15, ch. 51, art. 1, § 15-51-20.
  4. Recoverable Damages
    • S.C. Code Ann. tit. 15, ch. 51, art. 1, § 15-51-40.
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