Wrongful death lawsuits are civil cases that South Carolina families need to file if a loved one died due to unlawful conduct. This conduct can range from drunk driving accidents on I-26 to medical mistakes and even domestic abuse.
If you lost a loved one due to the negligent, reckless, or intentional conduct of another person or entity, the experienced wrongful death attorneys at Gil Gatch Law in Summerville, SC, can help.
Parties Eligible to File Wrongful Death Litigation in South Carolina
Only the executor or administrator of the estate may file a wrongful death lawsuit (SC Code § 15-51-20). Further, this lawsuit can only be brought to the benefit of the following parties:
- Spouse
- Children
- Parents (no spouse or children)
- Legal heirs (no living spouse, children, or parents)
Discuss your eligibility to bring a wrongful death claim on behalf of your loved one with our experienced South Carolina probate and wrongful death lawyers.
Damages Available in Summerville Wrongful Death Cases
Wrongful death cases are unique because they can be based on both unintentional and intentional conduct. The nature of the fatal accident generally determines the damages available to South Carolina families.
Negligence
Wrongful death lawsuits commonly arise from car crashes and falls. These are the leading causes of unintentional injury deaths in the United States. Most drivers and property owners had no intent to cause harm when the fatal injuries occurred. In such cases, eligible claimants can recover all the damages the victim was entitled to, including medical expenses and pain and suffering, in addition to the value of their loved one’s financial support, funeral expenses, and compensation for the family’s pain, suffering, and emotional losses.
Reckless and Intentional Conduct
If the fatal injuries resulted from an intentional assault or extremely reckless conduct, such as drunk driving, families could demand additional punitive damages. These special damages punish the offender rather than compensate the family, and juries may award these damages as they deem just. Our experienced Summerville civil litigators can help you obtain exemplary damages under SC Code § 15-51-40 in addition to direct personal injury compensation.
Timeline for Filing SC Wrongful Death Litigation
In non-fatal personal injury cases, the injured claimant has three years from the date of injury to sue the liable parties in court. Wrongful death cases also have a three-year statute of limitations measured from the date of death, not the initial accident date. For example, if the victim died from a traumatic brain hemorrhage two years after the car accident that caused the head trauma, families can have three years from the date of death to file litigation.
Compassionate Wrongful Death Litigators in Summerville, SC
If you lost a loved one due to the intentional, reckless, or negligent conduct of another person or entity, immediately contact the experienced Summerville wrongful death lawyers at Gil Gatch Law. We never charge grieving families any upfront legal fees and can help you fight for justice throughout the Tri-County area. Call (843) 800-2020 or connect with us online to schedule a free and confidential case review.