Time Limits in South Carolina for Filing Wrongful Death Claims

At the David W. Martin Law Group, we recognize that losing a loved one is an unspeakable tragedy, particularly when it is brought on by the carelessness or wrongdoing of another person. The time constraints, or statutes of limitations, that apply to wrongful death claims in South Carolina should be considered if you want to file suit. We discuss the precise deadlines that you have to follow in order to file a wrongful death claim in this state in this blog post.

Wrongful Death Claims

Knowing How to Interpret the Statute of Limitations

1 Statutory Time Limit: In South Carolina, a wrongful death claim must be filed within three years of the deceased person’s date of death. State legislation sets this deadline, which is intended to guarantee prompt resolution of legal disputes.

2. Discovery Rule: It’s crucial to be aware of the “discovery rule,” which has the potential to prolong the statute of limitations under specific conditions. The three-year statute of limitations may begin when the cause of death is identified or reasonably should have been identified if it is not immediately evident how the death was caused or how it was related to the negligence of another person.

Why It’s Important to Act Quickly:

1 Evidence preservation: It’s important to act quickly in order to preserve evidence pertaining to the event that resulted in the wrongful death. It can become more difficult to find witnesses and the evidence may deteriorate with time, making it challenging to put together a compelling case.

2. Witness Recollection: The reliability of witness testimony can be impacted by the fading of memories over time. If you file a lawsuit as soon as possible, you’ll have a better chance of getting precise and in-depth testimony from witnesses.

3. Preventing Legal Obstacles: If you don’t submit a wrongful death claim by the deadline, you can run into legal obstacles that will make it difficult for you to get compensation. If your lawsuit is beyond the statute of limitations, the court may dismiss it.

4. Financial Recovery: Families hoping to get compensated financially for their losses must move quickly. Payouts from a successful wrongful death lawsuit might help with other financial obligations such as missed wages, burial costs, and hospital bills.

In What Ways Can the David W. Martin Law Group Help?

1. Prompt Case Evaluation: To assess your case’s viability and make sure it is inside the relevant statute of limitations, our legal team promptly and thoroughly evaluates everything.

2. Evidence Collection: We make a concerted effort to obtain witness statements and evidence while safeguarding vital details that may bolster your wrongful death lawsuit.

3. Mediation and Negotiation: Our lawyers use mediation and negotiating techniques to look for an equitable settlement that takes care of the needs of your family while compensating you for the losses incurred.

4. Court Representation: Should negotiations fail, we offer aggressive effective legal counsel, standing up for your rights and fighting for the justice your family is owed.

The trauma of losing a loved one is extremely taxing, and filing a wrongful death lawsuit adds a legal layer to an already complicated situation. It is imperative that you take immediate action if you are thinking about bringing a wrongful death claim in South Carolina. The David W. Martin Law Group is available to offer knowledgeable and sympathetic legal support. Make an appointment with us for a consultation and let us assist you in pursuing justice for your lost loved one within the relevant time constraints.


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David W. Martin Law Group

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108 Springs Street
Fort Mill, SC 29715-1722

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1061 Red Ventures Drive, Suite 145
Fort Mill, S.C. 29707

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910 E. North Street
Greenville, SC 29601

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324 East St. John Street, Suite F-2
Spartanburg, SC 29302

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331 Oakland Avenue
Rock Hill, SC 29730

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Bluffton, SC 29909

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Myrtle Beach, SC 29577

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1240 Winnowing Way,
Suite 102 Office 1120
Mt. Pleasant, SC 29466

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1501 Main Street,
Suite 507, Columbia, SC.

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