Mount Pleasant Wrongful Death Lawyer
Losing a loved one is hard. It can be particularly difficult when caused by the careless or reckless conduct of another. Recognizing that survivors are often left with economic as well as emotional loss, South Carolina law authorizes bringing a wrongful death claim against the party or parties responsible for their loved one’s death.
If you think your relative’s death could have been caused by the wrongful act of another person or entity, you may want to discuss the situation with a Mount Pleasant wrongful death lawyer. A professional attorney could review your case and help you determine how to seek financial compensation for your losses, including medical expenses, funeral costs, and the financial and emotional support you received from your deceased relative.
What Exactly is a Wrongful Death Claim?
Wrongful death claims are authorized under S. C. Code Ann. §15-51-10 when a loved one’s death was caused by the wrongful act, neglect, or default of another. The statute authorizes only the deceased person’s executor or administrator to bring the action, and it must be filed on behalf of the surviving spouse and children. When there is no spouse or children to recover, the deceased’s representative must file the action on behalf of the person’s parents; if there are no surviving parents, the action must be filed for the benefit of the heirs.
Wrongful death cases can arise from many kinds of accidental deaths, including car accidents, medical malpractice, nursing home negligence, motorcycle accidents, and drownings. A Mount Pleasant wrongful death attorney would help the survivors identify the individual or entity responsible for the accident and pursue damages on the injured person’s behalf.
Types of Financial Compensation Available in a Wrongful Death Action
The death of a loved one can result in a variety of economic and non-economic losses. In South Carolina, financial compensation or damages for losses suffered as a result of wrongful death may include:
- Funeral expenses and burial costs
- Medical expenses related to the deceased person’s injuries
- Property damages such as damaged vehicle
- Loss of financial support
- Loss of love, care, and companionship
If the at-fault party’s conduct was reckless or intentional, exemplary or punitive damages may also be available. As opposed to compensatory damages, exemplary damages are designed to punish wrongdoers and serve as a deterrent to similar conduct by others. A Mount Pleasant wrongful death attorney could discuss what damages might be available in their case and work hard to ensure the survivors recover the full compensation they are due.
South Carolina Deadline for Filing a Wrongful Death Action
In most cases, a wrongful death claim must be filed in South Carolina within three years of the deceased person’s death. S. C. Code Ann. §15-3-530(6). If the death was caused by a governmental entity, the filing deadline shortens to two years. There are certain situations in which a legal statute or court may “toll” the statute of limitations, stopping the clock from running for a given circumstance, such as a person’s minority or disability.
It is critical to file the wrongful death claim within the applicable deadline, or the court will not accept the case. A Mount Pleasant wrongful death attorney will be familiar with these filing deadlines and their exceptions and can help the survivors meet them.
Call Today to Discuss Your Case with a Mount Pleasant Wrongful Death Attorney
If you suspect that the death of your loved one’s could have been caused by the negligent or reckless behavior of another person or entity, you may want to contact a Mount Pleasant wrongful death lawyer. An attorney could review your case and discuss with you the opportunities for financial recovery under South Carolina law. Schedule your introductory consultation today.
