Who Can File a Wrongful Death Claim in South Carolina?
The loss of a loved one can be devastating, but it is especially difficult when it is due to another’s negligence or wrongful act. If your family member recently passed away, you may be wondering if you can file a wrongful death case. In South Carolina, the executor or personal representative must file a wrongful death claim. This person has the right to take legal action on behalf of the surviving family members.
A wrongful death claim seeks financial compensation for a person’s untimely death. A successful claim can help you recover funeral and burial expenses, loss of the decedent’s income, and household services, among others. If you would like to discuss your legal options, reach out to our Charleston wrongful death lawyers at The Law Office of Mark C. Tanenbaum, P.A.
Examples of Wrongful Death Cases
South Carolina Code defines wrongful death as the “wrongful act, neglect, or default of another.” Common cases that involve wrongful death include:
- Motor vehicle accidents, including autos, motorcycles, and trucks
- Boating accidents
- Defective and dangerous products
- Faulty design, manufacturing, and maintenance of commercial and industrial products
- Elder abuse and nursing home negligence
- Dangerous property conditions
- Construction accidents
- Industrial disasters
- Inadequate safety precautions
- Bike accidents
What Constitutes a Wrongful Death Claim in SC?
A wrongful death claim may be filed if the following applies:
- The wrongful party owed the deceased a duty of care
- Through that person’s wrongful act, neglect, or default, they caused the decedent’s death
- Damages, in the form of funeral and burial costs, loss of household services, and loss of emotional support, were incurred. (Other expenses, such as medical bills incurred before death, lost earnings from the time of injury to death, and the decedent’s pain and suffering, may be sought in a separate survival action).
Personal Representative Files a Claim For the Benefit of Family Members
South Carolina law requires the executor or personal representative of a decedent’s estate to file a wrongful death action. If the at-fault party has died, this does not make legal action impermissible. Rather, the personal representative can file suit against the personal representative of the at-fault party’s estate. An example of this includes a drunk driver who caused several fatalities, resulting in their own death.
Under SC Code §15-51-20, the following persons can be beneficiaries of a wrongful death claim:
- Spouse
- Children (SC Code §15-51-30 provides children born out of wedlock the same legal rights as children born in lawful wedlock)
- Parents of the deceased when the deceased had no surviving spouse or children
- Heirs at law, if the spouse, children, or parents of the deceased are no longer living
Statute of Limitations for Wrongful Death Cases
If your loved one died due to another’s oversight or wrongful act, you don’t want to wait too long to take legal action. SC Code §15-3-530(6) only permits three years to file a wrongful death suit (however, the timeline to file a claim against a government entity is only two years in South Carolina under the South Carolina Tort Claims Act). Although this may seem like a long time, it can go by quickly. If you attempt to file a suit after the statute of limitations has run out, your claim will likely be denied. Since the threat of litigation will no longer be present, insurance will be unwilling to settle. This could leave you without the financial resources you need in the wake of your loved one’s death.
Thankfully, our legal team is here to guide you as you attempt to put together the pieces after your family member’s death. We know local court rules and have professional relationships with judges, which allow us to navigate litigation more easily. Also, our Charleston wrongful death lawyers will take charge of gathering evidence to pinpoint the source of liability.
Speak with Our Charleston Wrongful Death Lawyers Today
At The Law Office of Mark C. Tanenbaum, P.A., we understand that you are going through an emotionally draining time. If your loved one experienced an untimely death, there are options for legal recourse. Our skilled team of attorneys has decades of experience in the courtroom and is ready to assist you. To arrange your free consultation with one of our Charleston wrongful death attorneys, our office can be reached online or by phone at (843) 577-5100 today.