Summerville Wrongful Death Lawyer
Losing a loved one under any circumstances is a devastating experience, and it can be difficult to focus or to think about practicalities in the aftermath of a family member’s death. When a death results from another party’s intentionally harmful act or negligence, the death may give rise to a wrongful death lawsuit. Although a lawsuit might be the last thing on your mind as you grapple with a life absent your loved one, we know how important these claims can be so that surviving family members can obtain the money they desperately need after losing a supporter and so that they can have some sense of closure in holding the at-fault party accountable. Contact our experienced Summerville wrongful death lawyer today.
What is a Summerville Wrongful Death Case
A wrongful death case in Summerville and throughout South Carolina is defined under South Carolina law as a case arising out of a death caused by a “wrongful act, neglect, or default” of another party. These types of cases are closely related to personal injury lawsuits but have an important difference: the injured person is no longer alive to file a lawsuit against the liable party.
Wrongful death law is based on the premise that the injured person cannot file a claim against the liable party but would have been able to if they had survived. As such, another person can step into the deceased’s shoes, metaphorically, to sue the liable party for damages. Different parties may be eligible to file a wrongful death lawsuit under South Carolina law, including:
- Surviving spouse;
- Surviving child or children;
- Surviving parent(s) if there is no surviving spouse or child; and
- Surviving heirs beyond the above named people if there is no surviving spouse, child, or parent.
The party filing the wrongful death claim can seek damages to compensate for funeral and burial costs, the deceased’s medical bills prior to their death, loss of the deceased’s financial support, loss of the deceased’s care and companionship, surviving family members’ pain and suffering, and more.
Timeline for a Wrongful Death Claim in Summerville
Wrongful death claims in Summerville, like personal injury lawsuits, have a statute of limitations that governs the amount of time a surviving family member has to file a lawsuit. The statute of limitations for South Carolina wrongful death claims is three years, but it is important to note that the date the clock begins to “tick” is different from the personal injury lawsuit clock. In a wrongful death case, the clock starts “ticking” on the date of the deceased’s death (as opposed to the date their injury occurred).
Contact The Stanley Law Group Today
Moving forward with a wrongful death claim may feel fraught, but we want to emphasize just how important these cases can be for surviving family members who have lost someone on whom they counted for financial and emotional support. It is important to begin working on a claim as soon as possible. Contact our experienced Summerville wrongful death lawyer today for more information.
