Losing a loved one is an overwhelmingly devastating time. If you are eligible to pursue justice for the suffering he or she endured, it’s important to understand the various state laws that could affect a wrongful death suit filed in South Carolina’s court system. In this blog, our Charleston wrongful death attorney explains the various rules pertaining to wrongful death cases in South Carolina.
How is “wrongful death” defined in South Carolina?
South Carolina wrongful death laws define a “wrongful death” as one that is directly caused by a “wrongful act, neglect, or fault” or another individual. Under this definition, wrongful death suits are viewed as a personal injury case that is brought to court by another person, since the victim is no longer available to file the claim for him or herself.
Who can file a wrongful death case?
In the state of South Carolina, a wrongful death claim must be filed by the person appointed as the executor or administrator in the deceased person’s estate plan. If, for whatever reason, the deceased person does not have an estate plan, the court can name an executor or administrator.
The following are individuals who can recover damages in a wrongful death case:
- Surviving spouse and children
- Surviving parents
- Heirs at law of deceased person
Statute of Limitations in Wrongful Death
Any wrongful death suit must be filed within three years of the victim’s death. In wrongful death suit, time is absolutely crucial – you want to ensure that you retain the representation you need in order to meet the legal time limit.
Pursuing a wrongful death claim can be extremely challenging. When you come to our firm, you can trust that we will handle the legal aspects of your case. Because we believe everyone deserves quality representation, regardless of their financial situation, we don’t charge a single legal feel unless we secure a favorable outcome.
Contact our Charleston wrongful death attorney to request a free consultation.