South Carolina Wrongful Death Claims and Your Legal Rights

A loved one’s death can be utterly devastating, making you question how you can move forward. Although you may have cherished moments with your loved one, these memories can be painful when a family member is taken too soon. While nothing can be done to bring back your loved one, you may be able to hold the liable party legally responsible.

A wrongful death claim allows family members to receive support following their loved one’s death to help ease the financial and emotional burden. If you are interested in learning your legal options following a family member’s death, the wrongful death attorneys at Mark C. Tanenbaum can help.

South Carolina Wrongful Death Law

SC Code § 15-51-10 defines wrongful death as “the death of a person caused by the wrongful act, neglect, or default of another.” Whether the act is accidental or intentional, damages will be awarded in a wrongful death suit if the loved one would have been eligible for recovery had they survived and pursued a personal injury lawsuit. If the defendant (liable party) has died by the time the wrongful death suit is filed, then the suit may be filed against the defendant’s estate.

Who Can File a Wrongful Death Claim?

Under South Carolina law, the personal representative of the decedent’s estate is permitted to file a wrongful death claim. This may be either performed by the executor (if the person died with a will) or the estate administrator (appointed by probate when a person dies without a will). If the personal representative will not or cannot file the wrongful death suit, the court may appoint someone else. This may be a relative, such as a sibling, parent, or spouse, or another immediate family member who is at least 18 years of age and of sound mind.

Beneficiaries in a Wrongful Death Suit

According to SC Code § 15-51-20, the following persons related to the deceased may be entitled to compensation in a wrongful death suit (in order of succession):

• Spouse, child or children
• If no spouse or child of the deceased exists, then the parent or parents of the deceased
• If no spouse, child, or parent exists, then the deceased’s heirs will benefit from the wrongful death claim

Proving Fault in a Wrongful Death Claim

Establishing that another person caused your loved one’s death requires that you prove the following:

• The defendant had a duty of care. Duty of care will change based on the situation. For example, in a medical malpractice case, a physician has a duty of care when treating a patient.
• The defendant breached their duty of care through an act or omission. In a medical malpractice case, this may involve the physician prescribing the wrong medication or a surgeon leaving a surgical instrument behind following surgery.
• As a result of the physician’s breach of duty, the plaintiff sustained injuries.
• The plaintiff suffered losses (referred to as “damages” in the law). Recoverable damages in a wrongful death action include medical expenses, lost wages, loss of financial support, pain and suffering, loss of companionship, and burial and funeral costs.

Legal Guidance During a Difficult Time

While emotions will certainly run high following a loved one’s passing, you must present solid evidence to demonstrate the wrongful party’s negligence or misconduct. In a medical malpractice case, this evidence may include medical records, testimony from other physicians or medical staff, autopsy records, and pay stubs. In a motor vehicle accident, this may involve photographs, videos, and eyewitness statements.

If there was a prolonged period between when the deceased was injured and their death, then you may consider filing a survival action. A survival action covers the losses between the time of the injury and the decedent’s death. Unlike a wrongful death claim, which is paid directly to beneficiaries, a survival action will be paid to the estate. To learn what course of action is right for your situation, you must speak with a Charleston wrongful death attorney.

Reach Out to Our Charleston Wrongful Death Lawyers

If a loved one has been taken from you before their time, you are likely experiencing a great deal of emotional distress. If your family member’s death was due to another’s negligence or misconduct, legal recourse may be available to you and your family. At Mark C. Tanenbaum, our Charleston wrongful death lawyers have helped families gain the financial resources they need to move forward. To schedule your free consultation, our office can be reached online or by calling (843) 577-5100 at your earliest convenience.