Wrongful Death Claims in South Carolina

Experienced, skilled and compassionate attorneys for times of grief

When a tragic accident leads to the loss of a loved one, no amount of financial compensation can ever fully heal the wounds. Such accidents can leave unpaid medical bills, funeral costs and a family without its primary wage earner. If your family suffered a tragic loss due to an accident in South Carolina, the experienced injury and wrongful death attorneys at Marcari, Russotto, Spencer & Balaban P.C. are here to help you consider your legal options.

What rights do surviving family members have in the wake of a wrongful death?

South Carolina law allows two different types of legal actions when a person loses their life due to the negligence of another. A spouse, child or children, parent or sibling may have the following options:

Filing a wrongful death claim: This allows a personal representative of the deceased to pursue certain amounts of financial compensation, including:

  • Medical expenses
  • Lost future earnings of the deceased
  • Funeral expenses
  • Loss of consortium or companionship
  • Pain and suffering

Filing a survival action: A personal representative may seek compensation for medical expenses and pain and suffering sustained by the deceased person prior to death.

The individual who oversees the wrongful death or survival action is known as the personal representative of the deceased. This role may be filled by family member in situations where your loved one did not have a Will or by a designated executor of the estate when that person is set forth in a valid Will.

If you are considering filing a wrongful death claim on behalf of your loved one, time is of the essence. Statutes of limitations related to personal injury and wrongful death claims apply to your case. In South Carolina, unless a special rule applies, you must bring a wrongful death claim within three years of the date of the death in question. However, there are circumstances that can affect the point at which a statute of limitations begins to elapse.

Reach out to our compassionate and attentive South Carolina wrongful death lawyers

The death of a loved one can be a devastating event for any family. The experienced injury lawyers at Marcari, Russotto, Spencer & Balaban P.C. understand how to handle discussions about potential wrongful death actions with sensitivity and professionalism. Contact our attorneys today — call (888) 351-1038 or contact us online to arrange a free consultation. We work on a contingency-fee basis, meaning you owe us no legal fees unless we help you obtain compensation.