Wrongful Death FAQ
A personal injury claim, in which the offender is held responsible for the loss of love and financial support that he or she has caused the family of the victim, is defined as a wrongful death case. Wrongful death is one that is the result of negligence, recklessness, intentional or wrongful act. In a wrongful death claim the surviving relatives of the deceased may pursue a civil action seeking reparation for loss of future financial support, compensation for the loss of love, advice and companionship that has been lost as a result of the death, as well as medical and funeral expenses, and other costs related to the fatality.
A wrongful death claim may be filed if the person died as the result of the full or partial negligence or intentional behavior of the defendant. A surviving child, spouse, or a dependent is necessary who can make a claim to recover damages for the untimely loss of his or her loved one.
In every state there is a “statute of limitation,” which is a guideline for how long individuals have to file certain kinds of lawsuits. The timeline for filing a wrongful death claim typically begins following the death of the victim. The statute of limitation to file a wrongful death claim in South Carolina is 3 years from the date of the fatality, with some exceptions (such as death occurring as a result of negligence in a county or state supported medical facility, in which case the statute of limitations is 2 years) . The claim may be denied if not filed within this time frame, so it is imperative to file your claim as soon as possible.
In the state of South Carolina, depending upon who survives the deceased victim, a family member of the victim has the legal right to file a wrongful death claim. The first in line would be a victim’s spouse, followed by any children, parents, grandchildren or siblings. In a few instances, other individuals may also have the legal right to file a claim. Children under the age of 18 may call for a “guardian ad item” in court to protect his or her interests.
For a free consultation and case evaluation click Accident Questionnaire Form.
Car Accidents | Workers Comp | Premises Liability |Products Liability | Wrongful Death | FAQ