Summerville Wrongful Death Lawyers

Losing a loved one because of someone else’s negligent or wrongful actions is one of the most devastating experiences a family can face. The emotional toll is profound, and while nothing can replace your loved one, South Carolina law allows eligible family members to pursue financial compensation for the harm caused by another party. Navigating a wrongful death claim is often complex, and having an experienced attorney by your side can make a significant difference in ensuring your family receives the justice and compensation you deserve.

Understanding Wrongful Death in South Carolina

A wrongful death occurs when someone dies as a result of another person’s negligent or intentional actions. In most cases, wrongful death claims arise from car accidents, medical malpractice, unsafe property conditions, or other forms of negligence. These cases are legally challenging because the person who was harmed is no longer alive to provide testimony, and insurance companies often attempt to reduce their liability by blaming the deceased or minimizing damages.

In South Carolina, a wrongful death claim allows certain family members to recover damages for their loss. To successfully pursue a claim, you must show that the death was caused by the wrongful actions of another person and that those actions would be considered unreasonable or negligent under the circumstances.

How to Obtain Compensation

There are two primary ways your family can seek compensation for a wrongful death:

Insurance Claim: You may file a claim with the insurance company covering the responsible party. Negotiations can result in a settlement without going to court.
Lawsuit: Filing a wrongful death lawsuit in civil court allows a judge or jury to determine liability and award damages if your family proves negligence.

To prevail in either scenario, your family must demonstrate that:

The responsible party owed a duty of care to your loved one.
That duty was breached through negligent or wrongful actions.
The breach directly caused the death.
The death would not have occurred without the wrongful actions.

Because insurance companies know the deceased cannot defend themselves, they may attempt to shift blame or undervalue the claim. A skilled wrongful death attorney will conduct a thorough investigation, gather evidence, and advocate for your family to maximize compensation.

Who Can File a Wrongful Death Claim?

South Carolina law requires that a wrongful death lawsuit be filed by the personal representative or executor of the deceased’s estate. Family members, even if they are the beneficiaries of the claim, cannot file a lawsuit on their own.

If the deceased had a will, the named executor typically serves as the personal representative. If there is no will, the probate court may appoint a personal representative. Family members can petition the court to appoint someone specifically to pursue a wrongful death claim. Working with a lawyer early is important because the investigation and evidence gathering can begin even before a personal representative is formally appointed. This ensures that key information is preserved and strengthens the case.

Distribution of Wrongful Death Proceeds

South Carolina law dictates how wrongful death compensation is distributed among surviving family members. Generally:

If there is a surviving spouse and children, the spouse receives half of the proceeds, while the remaining half is divided among the children.
If there is no surviving spouse, the children split the entire amount equally.
If there are no spouse or children, the proceeds go to the surviving parents.

All wrongful death settlements or awards must be approved by a probate court. This safeguard ensures that the family does not accept less than the case is worth, but it also underscores the importance of having an experienced attorney handle the process.

Types of Damages in a Wrongful Death Case

Wrongful death damages are designed to compensate the family for both financial and non-financial losses. They often include:

Lost Wages: The income your loved one would have earned over the course of their career.
Funeral and Burial Costs: Expenses directly related to the deceased’s final arrangements.
Loss of Companionship and Guidance: The love, support, and guidance your loved one provided to family members.
Emotional Distress and Grief: The mental and emotional suffering your family experiences due to the loss.
Loss of Consortium: The loss of the physical and emotional relationship between a spouse and the deceased.

Because these damages are subjective, insurance companies may attempt to minimize them. An experienced wrongful death lawyer can help quantify the losses accurately and advocate for fair compensation.

Survival Actions

A survival action may be filed alongside a wrongful death claim if the deceased did not die immediately from their injuries. This type of claim compensates the estate for damages the deceased suffered between the time of the injury and their death. These damages may include:

Medical expenses incurred prior to death.
Lost wages for the period between the injury and death.
Pain, suffering, and emotional distress experienced by the deceased.

Both wrongful death and survival actions are filed by the personal representative and help ensure that the family receives full compensation for all losses.

Statute of Limitations

In South Carolina, the statute of limitations for filing a wrongful death claim is three years from the date of the deceased’s death. It is critical to note that the clock begins at the date of death, not the date of the accident. Timely filing is essential to preserve your family’s right to compensation.

Some exceptions exist, particularly if the claim involves a government entity, which may have shorter deadlines, so consulting a lawyer promptly ensures compliance with all applicable timelines.

Why You Need a Summerville Wrongful Death Lawyer

Wrongful death cases are emotionally charged and legally complex. An experienced attorney provides guidance, protection, and advocacy during this difficult time. Key benefits include:

Conducting a thorough investigation into the incident.
Identifying all potentially liable parties.
Gathering and preserving evidence to prove negligence and damages.
Handling negotiations with insurance companies or pursuing litigation.
Ensuring the family receives the maximum compensation possible.

Frequently Asked Questions (FAQs)

What is considered a wrongful death in South Carolina?
A wrongful death occurs when someone dies due to the negligent, reckless, or intentional actions of another person. Common examples include car accidents, medical malpractice, workplace accidents, and unsafe property conditions.

Who can file a wrongful death claim?
Only the personal representative or executor of the deceased person’s estate can file a wrongful death lawsuit. Family members cannot file on their own but can petition the court to appoint a personal representative.

What types of damages can a family recover?
Damages may include lost wages, funeral and burial expenses, loss of companionship and guidance, emotional distress, and loss of consortium. If the deceased suffered before death, a survival action can also recover medical expenses, lost wages, and pain and suffering.

Can I file a wrongful death claim if my loved one did not die immediately?
Yes. A survival action can recover damages for the period between the injury and the death, ensuring full accountability.

Why should I hire a Summerville wrongful death lawyer?
A lawyer investigates the case, gathers evidence, calculates damages, negotiates with insurers, and litigates if necessary, allowing your family to focus on grieving and healing.

Rogers, Patrick, Westbrook & Brickman LLC — Compassionate Summerville Wrongful Death Lawyers

The Summerville wrongful death lawyers at Rogers, Patrick, Westbrook & Brickman LLC have decades of experience representing families after fatal accidents and wrongful deaths throughout South Carolina. We provide personalized legal support to help you seek justice and financial recovery while you focus on healing. You can schedule a free consultation by filling out an online contact form or calling 843-727-6500. Our offices are located in Charleston, Mt. Pleasant, Aiken, and Columbia.