Wrongful Death

We know losing a loved one is devastating and emotionally charged.

There is no way to put a price on someone’s life, but if someone dies due to an accident then in the state of South Carolina you may have the right to recover damages for the deceased person from the wrongdoer if he or she had survived.

The following are examples of the types of fatal accidents that may result in wrongful death claim in South Carolina:

  • Car, truck or motorcycle accidents.
  • Defective consumer or commercial products.
  • Medical malpractice.
  • Nursing home neglect.

Who can act on behalf of the deceased?

In some claims spouses and children can seek damages. If there is no spouse or children, then the action is for the benefit of the person’s parents. If there is no spouse, children or parents, then the action is for the benefit of the heirs to the estate. However, the wrongful death claim must be brought forth by the administrator of the person who passed.

If damages are recovered in a wrongful death claim, then the funds will be divided according to the deceased’s will or in the case of no will, funds are put into the estate for distribution.

Types of Damages

In South Carolina, the damages available in a wrongful death case are those incurred by the family and/or survivors, for example:

  • Medical expenses.
  • Loss of financial support and benefits.
  • Pain and suffering.
  • Funeral and burial costs.
  • Possible punitive damages.