Am I Eligible To File A Wrongful Death Claim?

When a person dies due to the negligence or intentional acts of a third party, it can be a traumatic event for their family members. In South Carolina, the law allows family members of the deceased to seek justice for their loss by filing a wrongful death claim. However, not everyone in South Carolina can file a claim for wrongful death. In this blog, we will discuss who can file a wrongful death claim in South Carolina, provide examples of wrongful death cases, and explain the South Carolina filing procedure.

Who Can File a Claim for Wrongful Death in South Carolina?

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Under South Carolina law, only certain parties may file a claim for wrongful death. These individuals consist of:

  • The deceased’s surviving spouse and children;
  • The deceased’s surviving parents, if there is no surviving spouse or children; and
  • If there is no surviving spouse, children, or parents, the personal representative of the deceased’s estate.

Notably, if the surviving spouse, children, or parents are unable to file a wrongful death claim, the personal representative of the decedent’s estate can do so on their behalf.

Examples of Wrongful Death Cases

Cases of wrongful death can result from a variety of situations, including automobile accidents, medical malpractice, workplace accidents, and criminal acts. Here are some examples of cases involving wrongful death:

Car Accidents: If a person is killed in a car accident caused by another driver’s negligence, their surviving family members may be able to file a wrongful death claim against the driver and any other parties responsible for the accident.

If a healthcare provider’s negligence results in the death of a patient, the patient’s family members may be able to file a wrongful death claim against the healthcare provider and any other parties responsible for the patient’s care.

Accidents in the Workplace: If an employee is killed on the job due to the employer’s or another party’s negligence, the employee’s surviving family members may be able to file a wrongful death claim against the employer and any other parties responsible for the accident.

If a person is killed due to a criminal act, such as homicide or manslaughter, their surviving family members may be able to file a wrongful death claim against the criminal.

Procedure for Filing a Claim for Wrongful Death in South Carolina

If you believe you are eligible to file a claim for wrongful death in South Carolina, follow these steps:

Consult with an experienced wrongful death attorney: It is essential to retain an attorney who can guide you through the legal process and safeguard your rights.

Your attorney will collaborate with investigators and other experts to collect evidence and build a solid case on your behalf.

File the claim for wrongful death: Your attorney will file the claim for wrongful death and serve it on the defendants on your behalf.

In many instances, the defendants will offer a settlement in order to avoid a trial. If an equitable settlement cannot be reached, however, your case may proceed to trial.

Conclusion

It can be traumatic to lose a loved one due to the negligence or intentional actions of a third party. If you are eligible to file a claim for wrongful death in South Carolina, you must seek the counsel of an experienced attorney who can guide you through the legal process and protect your legal rights. By understanding who can file a wrongful death claim, examples of wrongful death cases, and the filing process for a wrongful death claim in South Carolina, you will be better prepared to seek justice for the untimely passing of a loved one. If your loved one has been killed as a result of negligence, call our experienced South Carolina Wrongful Death Lawyers today at 888-20-32843.

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