Orangeburg Wrongful Death Lawyer
Nobody should have to go through the devastating experience of losing a loved one, and the death of a family member can be even more traumatic when the death resulted from an accident that could have been prevented. Like other states, South Carolina allows surviving family members to be eligible to obtain financial compensation from the at-fault party or parties through a wrongful death claim. An attorney at The Stanley Law Group can provide you with more information. Contact our experienced Orangeburg wrongful death lawyer to get started.
What is a Wrongful Death Claim in Orangeburg?
Wrongful death law is closely related to personal injury law. In a personal injury lawsuit, South Carolina recognizes that a person who has been injured by another party’s negligence has the ability to file a civil lawsuit against the negligent party in order to seek compensation for losses. Yet when a person dies from the injuries they sustain, that person is no longer able to file a claim against the responsible party. In these circumstances, wrongful death law can apply. A personal representative of the estate can step into the metaphorical shoes of the deceased to file a wrongful death lawsuit against the liable party.
Under South Carolina law, a wrongful death claim can be filed in the case of a “wrongful act, neglect, or default” of another party. Wrongful death lawsuits can be filed when another party’s negligence results in a fatal injury, or when another party’s intentionally wrongful act causes a death.
How to File an Orangeburg Wrongful Death Claim
In South Carolina, the personal representative of the deceased’s estate—the executor of the estate—must be the party who actually files the wrongful death lawsuit. Although some states permit one or more surviving family members to file a wrongful death claim, only the personal representative of the estate can file in South Carolina. Even though the personal representative of the estate is filing the claim, surviving family members can recover damages, such as:
- Funeral costs;
- Burial expenses;
- Lost wages of the deceased;
- Loss of the deceased’s care and companionship; and
- Pain and suffering experienced by the surviving family members, such as a spouse and children.
The surviving family members who can recover damages typically include the surviving spouse and child, and if there is no surviving spouse and child, then the surviving parents. If no spouse, child, or parents survive the deceased, other heirs may be able to recover damages.
Statute of Limitations in an Orangeburg Wrongful Death Case
The statute of limitations in a South Carolina wrongful death lawsuit is three years, and the clock begins to tick on the date of the deceased’s death.
Contact The Stanley Law Group Today
Losing a loved one in an accident or as a result of another party’s intentional act is devastating. Our firm knows how important it can be to hold the at-fault party accountable for the immense loss they have caused and to seek compensation for damages. An advocate at The Stanley Law Group can speak with you today about options for a wrongful death lawsuit. Contact an experienced Orangeburg wrongful death lawyer for more information.
