There are few things as emotionally difficult to deal with as facing the death of a loved one who lost their life because of the negligence of someone else. Although it is a situation that no one should have to go through, there is legal action that can be taken. The state of South Carolina has laws that give certain surviving family members the right to seek damages from the party or parties that were responsible for the wrongful death of their loved one. If this is a situation that you are currently dealing with, it is time to reach out to our wrongful death accident attorney to discuss your options.
How Our Accidental Death Lawyers in Myrtle Beach Can Assist You?
Our Myrtle Beach wrongful death attorneys here at Jebaily Law Firm will undertake a detailed investigation into the causes of your loved one’s death. We can also assist you in looking into all the legal options that you have. These legal options can include:
- A survival action
- A wrongful death lawsuit
- A workers’ compensation claim for death benefits
Our goal is to help you get the maximum amount of compensation that you are due for the harm that you have suffered because of the wrongful death of your loved one. We understand how important this is when it comes to helping you move past the trauma of the experience. You can find out more important information by reaching out to our Myrtle Beach office or by getting in contact with us through our online form. We will be happy to provide you with a free, confidential consultation.
What is a Wrongful Death Lawsuit under South Carolina Law?
In South Carolina, wrongful death is covered under Section 15-51-10 through 60 of the state’s law code. The statute allows for wrongful death lawsuits to be brought on the deceased’s behalf by their spouse or children. These claims can be brought if the death was due to reckless, negligent, or deliberate action from another individual or individuals. In the case that the deceased had no spouse or children, a claim can be made by their parents. If there are also no parents to file suit, a claim can be filed by the deceased individual’s heir or heirs who are legally entitled to inherit their property and assets. Those who seek to bring forward a wrongful death lawsuit in South Carolina should consult with our experienced wrongful death lawyer in Myrtle Beach as soon as possible. We will examine the merits of the case. If it is solid, we will suggest a course of action to bring the claim forward.
What Is the Statute of Limitations For Wrongful Death Claims Filed in South Carolina?
A wrongful death claim must be filed prior to the expiration of the statute of limitations. This legal time limit in the state of South Carolina is three years from the official date of death for your loved one. The court is likely to dismiss any wrongful death case that is not filed within three years. Given the time limit imposed on the filing of wrongful death lawsuits, it is important to contact our fatal accident lawyers in Myrtle Beach so we can help you build the best possible case.
Who Can Bring a Wrongful Death Claim in SC?
The state of South Carolina recognizes that residents face many challenges when dealing with the death of a loved one that was the result of someone else’s negligent actions. It is one of those situations that no one wants to face. Those who are dealing with these circumstances have the right to pursue monetary damages from the individual or individuals who cause the wrongful death of their loved one.
South Carolina law states that wrongful death suits can only be filed by the administrators or executors of the deceased’s estate. These positions will be named in the victim’s estate plan if they had one. If they did not, the administrator or executor will be appointed by the court.
Family members of the deceased victim will have a wrongful death claim filed on their behalf by the estate’s executor or administrator. The family members of the deceased will seek to recover damages in their claim.
The awarding of damages in a South Carolina wrongful death case goes in the following order:
- Surviving spouse and children
- Surviving parents if there is no spouse/children
- The deceased’s designated heir/heirs if there is no spouse/children or parents
To learn more about who can file a wrongful death claim in the state of South Carolina, contact our Myrtle Beach fatal accident attorneys so we can provide you with your free consultation.
The Difference Between Wrongful Death Claims and Survival Claims?
When discussing the topic of wrongful death cases in South Carolina, it is important to point out that there is a second type of legal claim that can be pursued if your loved one died because of someone else’s wrongful or negligent acts. This second type of action is a survival claim.
In a survival claim, you are seeking compensation for the harm that your loved one suffered from the time of their injury to the time of their death. The types of damages that are generally sought in survival cases include medical and funeral expenses that have been charged to the victim’s estate. Compensation can also be sought for any pain and suffering that the victim went through from the time of their injury to their death. It is important to note that medical and funeral expenses can be included in a survival claim if they are not being sought in a wrongful death lawsuit.
Our Myrtle Beach wrongful death attorneys at Jebaily Law Firm are ready to provide you with a free, confidential consultation regarding the filing of a wrongful death or survival claim because your loved one died as a result of someone else’s negligent or unlawful actions. Please call our Myrtle Beach office today or reach out through our online contact page.
Contact Our Myrtle Beach Wrongful Death Lawyers Today
At Jebaily Law Firm, we understand how difficult it is to move forward after the tragic loss of a loved one. When you feel ready to take action, our experienced wrongful death attorneys are ready to get to work for you right away, securing the answers you deserve and compensation you will need as you proceed with your life.
We serve clients in Myrtle Beach and throughout South Carolina. Call or reach us online and get started with a free and confidential consultation.