Lexington Wrongful Death Lawyer
There is nothing worse than seeing the police walk up to your doorway and knowing in an instant that something tragic has happened. For those who have lost a loved one, moving forward with life can be difficult, oftentimes feeling impossible. At the offices of The Stanley Law Group, our Lexington wrongful death lawyers understand what you’re going through and the pain you’re experiencing. While we know that nothing can give you your loved one back, we know that filing a wrongful death claim can provide some financial relief for your family. To learn more, please call our lawyers today.
What Is a Wrongful Death Lawsuit?
Section 15-51-10 of South Carolina Code provides information about the cause of action of filing a wrongful death claim. Per the statute, a wrongful death claim may be brought when the “wrongful act, neglect or default” of another leads to the death of an individual and, had death not ensued, the injured party would have maintained the right to a personal injury claim.
What constitutes a “wrongful act, neglect or default” can vary significantly depending on the circumstances of the case. In most cases, if a defendant causes the death of another party through a failure to act with the same level of care that another person in the same situation would exercise, a wrongful death claim can be pursued.
Who Can File a Wrongful Death Claim and What Types of Damages Are Recoverable?
South Carolina law allows the beneficiaries of a deceased to pursue compensation; all actions must be brought by the executor or administrator of a beneficiary of the deceased. Those who may recover compensation in a wrongful death claim include the deceased’s spouse, child(ren), or parents if neither spouse nor children exist.
Damages that are recoverable in a wrongful death claim include both economic and noneconomic damages, such as:
- Burial expenses;
- Funeral expenses;
- Medical bills;
- Lost wages;
- Loss of earnings and benefits over time;
- Loss of the deceased’s contributions regarding judgment, protection, companionship, and knowledge; and
- Pain and suffering.
Time Limits for Filing a Wrongful Death Claim
A wrongful death claim in South Carolina must be filed within three years from the date of the deceased’s death, without exception. If you wait longer than three years, you will likely be permanently unable to recover compensation. Our lawyer can help you to bring forth your claim in a timely manner.
Start the Process Today: Reach Out to a Lexington Wrongful Death Lawyer Now
We know how difficult it can be to take legal action after losing a loved one. To start the process today or to learn more about wrongful death actions in South Carolina, please call our Lexington wrongful death attorneys directly. We are passionate about providing you with representation that you can trust, and know how sensitive wrongful death claims can be.
To get started, please send us a private message or call our law firm directly. Consultations are free and we work on a contingency fee basis.