When someone dies in an accident caused by another person’s negligence, South Carolina law allows a wrongful death claim to seek compensation for losses your family has suffered. These claims have specific requirements and deadlines.
Our attorneys at Query Sautter & Uricchio LLC bring decades of collective experience to families in Charleston. We take the time to understand what happened and help families determine how to move forward after a fatal accident. Below, we explain how wrongful death claims work in South Carolina and what families should know about pursuing a claim.
When Does an Accident Lead to a Wrongful Death Claim?
According to South Carolina Code § 15-51-10, a wrongful death claim may be available when the person who died could have pursued a personal injury claim if they had survived. This means you must be able to show that another person or entity caused the death through negligence or other wrongful conduct.
For example, a wrongful death claim may be an option when a negligent driver causes a fatal car accident. The same principle applies to other accidents when someone else’s negligence caused the death.
South Carolina Law Determines Who Can File the Claim
In South Carolina, the personal representative of the deceased person’s estate must file a wrongful death claim. This person may be the executor named in a will or an administrator appointed to handle the estate.
The claim is filed for the benefit of the deceased person’s family. The surviving spouse and children are first in line to recover. If there’s no spouse or child, other family members may be entitled to compensation under South Carolina law.
Compensation Available in a Wrongful Death Claim
A wrongful death claim may include compensation for:
- Funeral and burial expenses
- Lost income and financial support
- Loss of companionship
- Mental anguish and emotional suffering
No amount of compensation can replace your loved one, but a wrongful death claim can help address the financial impact on your family.
You Have a Limited Time to Take Legal Action
In South Carolina, the general deadline for filing a wrongful death lawsuit is three years from the date of your loved one’s death. Missing this deadline can prevent you from pursuing the claim. Acting early gives your attorney time to preserve important evidence and confirm the deadline for your case.
What Should You Do After Losing a Loved One in an Accident?
Taking legal action may feel overwhelming after losing someone you love. Getting legal guidance can help you determine whether you have grounds for a wrongful death claim and what to do next.
You can count on our team at Query Sautter & Uricchio LLC to listen to your circumstances and explain the options available to you. Contact us today or call 843-795-9500 to get started.