When a person dies due to negligent actions, it is possible that their family members could seek compensation for their death. This is referred to as a wrongful death claim, which can obtain financial compensation for a victim’s family. There are very specific legal parameters that must be followed when filing a wrongful death claim in South Carolina, including who can file, time limits and what compensation is allowed.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil legal action against a person or company, similar to a personal injury claim. The legal action is devised to seek compensation for a person’s death that was caused by negligence. The compensation sought may be to replace the lost income of the victim, but also may be for pain and suffering for the victim’s loved ones. The amount awarded is based on whether the victim provided financial support for the family and the grief, loss of companionship and other suffering by the family.
South Carolina Wrongful Death Laws
Every state has different laws pertaining to wrongful death claims. This can include who may file the claim, time limits and what compensation can be obtained. Some states have monetary limits or may allow for punitive damages. In South Carolina, the legal definition of wrongful death claims allowed are described in South Carolina Code of Laws Section 15-51-10. Some of the specifications include:
- Executor or Administrator for deceased must file the wrongful death claim
- Surviving family can recover damages – this includes spouse and children of the deceased, but may also include parents or other heirs if there are no spouses or children
- Wrongful death claims must be made within three years of the victim’s death in South Carolina
Wrongful death lawsuits can provide some level of justice for the family of the victim. No amount of money can replace the life lost, but it can ensure the family is financially secure and recognize the pain caused by the negligence of another.
If you have lost a family member due to negligence such as vehicle accidents, medical errors, manufacturer defects or other fatal incidents, contact us at Taylor Anderson Law Firm. We offer free legal consultations to discuss your claim and options under South Caroline law.
Posted on behalf of Taylor Anderson Law Firm