A wrongful death claim is a civil lawsuit brought against the party responsible for the death. In Allendale, South Carolina, it might be a fatal car accident caused by drunk or distracted driving to deaths resulting from medical malpractice or defective products.
A wrongful death claim lies in proving that the death was a direct result of another’s wrongful act, neglect, or default. An Allendale injury lawyer with Marc Brown Law Firm can help you get through these difficult times. Call to request a free consultation today.
Who Can File a Wrongful Death Claim?
South Carolina’s wrongful death code under South Carolina Code Section 15-51-10 provides a legal avenue to seek justice and compensation. The executor or administrator of the deceased person’s estate must initiate a wrongful death claim under S.C. Code § 15-51-20. The individual is generally named in the deceased’s will, but if there is no will or the named executor is unable or unwilling to serve, the court has the authority to appoint someone to fill this role.
The executor or administrator is responsible for pursuing the personal injury lawsuit or car accident lawsuit in Allendale. However, any damages recovered are distributed to the deceased’s surviving family members. Some examples of such parties could include:
- The surviving spouse and children
- The surviving parents, if the deceased was unmarried and without children
- Heirs at law as determined by South Carolina’s intestate succession laws under S.C. Code §§ 62-2-102
The process ensures a fair and legal distribution of compensation while holding the at-fault party accountable for their actions.
What Is The Statute of Limitations For Wrongful Death In South Carolina?
The law imposes a strict three-year statute of limitations from your loved one’s passing to file a lawsuit according to S.C. Code § 15-3-530(6). Act within this timeframe to avoid losing the right to compensation. However, certain circumstances may affect the applicable time limits. To ensure your claim is filed correctly and on time, it is crucial to seek legal counsel immediately.
An experienced wrongful death attorney in Allendale can help you navigate these complexities, gather necessary documentation, and meet all relevant deadlines, whether your loved one was killed in a slip and fall, car accident, commercial truck wreck, work-related accident, or any other catastrophic event. We understand the profound impact of losing a loved one. Our team will assess your financial and emotional losses with economic experts who can accurately calculate the full extent of your losses, ensuring you receive the maximum compensation.
What Damages Can You Recover?
Your family has the right to full compensation for the loss. You can demand justice for your deceased loved one by demanding the at-fault party compensate your family for every way your lives have been affected by the death of your cherished relative. Wrongful death claims in Allendale can be substantial and include:
Economic Damages
Economic damages are quantifiable financial losses. Some examples could include:
- Medical expenses incurred before death
- Funeral and burial costs
- The loss of the deceased’s expected income
Non-Economic Damages
Non-economic damages are intangible but equally significant losses. These can be more difficult to quantify and may include:
- Pain and suffering of the deceased before death
- The loss of companionship
- The emotional distress experienced by surviving family members
Exemplary Damages
Exemplary damages, also called punitive damages, are awarded when the defendant’s conduct was grossly negligent, reckless, willful, or malicious. The court may award exemplary damages as punishment and deterrence.
Get the Legal Advice You Need From an Experienced Wrongful Death Lawyer in Allendale Today
While no legal action can truly heal the pain of losing a loved one, a successful wrongful death claim provides a measure of financial security for surviving family members. It holds the liable party accountable for their actions. When you seek justice, you honor the memory of your loved one and ensure that their story is not forgotten. Contact us today by phone or through our quick contact form to get started on your wrongful death action.