Losing a loved one is one of life’s most profound and painful experiences. The pain can feel even more overwhelming when that loss results from someone else’s negligence or wrongdoing. In such tragic circumstances, understanding who can bring a wrongful death case in such an emotionally charged environment becomes crucial for seeking justice and compensation for the loss.
While no amount of compensation can ever replace a lost life, pursuing a wrongful death claim facilitates the recovery of damages for family members, aiding them in moving forward and finding healing. At Whalen Montalvo, we understand the complexities of South Carolina’s wrongful death law. We are dedicated to guiding you through the process, clarifying eligibility for filing, and assisting you in determining the full extent of damages you can pursue.
Contact us today at (864) 770-7710 and get your free consultation.
South Carolina law specifies who is eligible to bring a wrongful death lawsuit. Typically, the following parties may have standing to bring a wrongful death claim:
The primary right to commence a wrongful death claim lies with the personal representative of the deceased individual’s estate. This representative is typically designated in the decedent’s will or appointed by the probate court in the absence of a will. The personal representative takes precedence when acting on behalf of the surviving family members and the estate itself.
If the deceased was married at the time of their demise, the surviving spouse may, independently or jointly with the personal representative, file a wrongful death lawsuit.
Surviving children, whether minors or adults, may also have the right to pursue a wrongful death claim.
If neither a surviving spouse nor children exist, the parents of the deceased individual may be eligible to initiate a wrongful death lawsuit.
In the absence of the individuals above, other legal heirs of the deceased person may have the right to bring forth a wrongful death claim.
The statute of limitations is a legal time limit within which a lawsuit may be filed after the occurrence of a wrongful act. In South Carolina, the statute of limitations for wrongful death lawsuits is outlined in Section 15-3-530 of the South Carolina Code of Laws. According to this statute, a wrongful death lawsuit must be filed within three years from the date of the deceased person’s death.
While three years may initially appear long, the passage of time can swiftly unfold following the loss of a loved one. Failing to file a wrongful death lawsuit within the statute of limitations can have serious consequences. If the deadline passes, the court will likely dismiss the case, barring the surviving family members from seeking compensation for their losses. Additionally, evidence may become more difficult to obtain or may deteriorate over time, making it harder to build a strong case.
Under South Carolina law, specifically outlined in S.C. Code ยง 15-51-40, juries can grant “damages… as they may deem appropriate to compensate for the harm stemming from the death.” Such damages may include:
Funeral and Burial Expenses: Families can seek compensation for the costs associated with the funeral and burial of their loved one. This may include expenses such as caskets, urns, cemetery plots, and memorial services.
Medical Expenses: If the deceased incurred medical expenses as a result of the injuries leading to their death, these costs can be included in the wrongful death claim.
Lost Income: Families may be entitled to compensation for the loss of financial support resulting from the deceased’s death. This can include the income the deceased would have earned over their remaining work years and any benefits or retirement contributions.
Pain and Suffering: While the deceased is no longer alive to experience pain and suffering, compensation may be available to reflect the pain and suffering they endured before their death. This can include physical pain, emotional distress, and mental anguish.
Loss of Consortium: Family members may be compensated for losing the deceased’s companionship, love, guidance, and support. This can significantly impact the emotional well-being of the surviving spouse, children, and other close relatives.
Loss of Enjoyment of Life: Compensation may be awarded to reflect the loss of the deceased’s ability to enjoy life’s experiences, such as hobbies, activities, and relationships.
In cases where the defendant’s actions were egregious or reckless, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. Punitive damages are intended to serve as a deterrent rather than to compensate the family for their losses.
At Whalen Montalvo, we understand the complexities of wrongful death cases and are committed to providing unwavering support to families in South Carolina. Here’s how our lawyers can assist you with your wrongful death case.
Losing a loved one due to wrongful death is a devastating experience, but taking legal action can help hold the responsible parties accountable and provide financial compensation.
If you believe you have a wrongful death case, contact our experienced South Carolina wrongful death lawyers at (864) 770-7710 for a free consultation. We are here to fight tirelessly to ensure you receive the compensation and closure you deserve.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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