Wrongful Death

If your loved one died as a result of someone else’s actions or carelessness, you may be entitled to receive financial compensation through a wrongful death claim or lawsuit. At Maxey McFarland Law, a Greenville wrongful death lawyer can now offer the compassionate representation you deserve. Call us today at (864) 900-4231 to get started with a free case review.

What Is Wrongful Death in South Carolina?

According to South Carolina law, wrongful death occurs when someone’s death results from another party’s wrongful conduct or:

• Act,
• Neglect, or
• Default,

and the injury that resulted in death would have entitled the deceased to pursue compensation through a personal injury claim or lawsuit.

Common Causes of Wrongful Death

A wrongful death can be the result of a wide variety of types of accidents and circumstances. Common causes of wrongful death include:

• Motor vehicle collisions
• Dangerous/defective products
• Nursing home abuse/neglect
• Daycare negligence
• Property owner negligence
• Dog bites
• Train/railroad accidents
• Boating accidents
• Aviation accidents

If the cause of someone’s passing could have resulted in a personal injury claim, you may have a valid wrongful death case. If the cause of your loved one’s death is not on this list, don’t assume that you have no case. Contact a Greenville wrongful death lawyer or talk with an attorney about whether your loved one’s death could be the subject of a wrongful death claim.

Who May File a Wrongful Death Lawsuit in Greenville, SC?

The executor or administrator of the deceased’s estate may file a wrongful death action in South Carolina. If the deceased’s will named an executor, they can file a wrongful death lawsuit. If it didn’t, the court can appoint an administrator to handle all the duties of the executor, including filing a wrongful death claim.

The executor or administrator of the deceased’s estate may file a wrongful death claim or lawsuit on behalf of the family members of the following parties:

• The surviving spouse and child/children of the deceased
• The surviving parents of the deceased, if there is no surviving spouse and/or children
• Any other surviving heirs, if none of the above

There are unique circumstances in which a parent may not be eligible to receive compensation after a child’s wrongful death. This may be the case if the deceased left no will and a parent didn’t provide for a child’s needs when they were a minor. The other parent or another “party of potential” interest may file a motion accordingly.

Compensation Available in a South Carolina Wrongful Death Case

The losses for which you may seek compensation when filing a wrongful death claim or lawsuit can depend on various factors. You may be eligible to receive compensation for:

• Funeral bills and burial expenses
• Medical expenses
• Loss of the deceased’s income, benefits, and other financial support
• Loss of companionship, guidance, and emotional support
• Loss of consortium
• Emotional distress and pain and suffering of the surviving family

The compensation offered or awarded in a wrongful death case is divided among beneficiaries according to the rules of intestate succession. If a wrongful death case goes to trial, a jury may also award punitive damages according to South Carolina law.

What Is a Survival Action in South Carolina?

While wrongful death actions are meant to provide compensation for losses suffered by the deceased’s survivors, a survival action is intended to recoup losses suffered by the deceased prior to their death. According to South Carolina law, a survival action could recover money for the deceased’s medical bills, pain and suffering, and emotional distress.

How Long Do You Have to File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, the wrongful death statute of limitations allows the executor or administrator of an estate three years from the date of death to file a lawsuit against the at-fault party. Except in rare circumstances, a court won’t hear a case if you miss the deadline.

How a Greenville, SC, Wrongful Death Attorney Can Help

A Greenville, SC, wrongful death lawyer can provide a variety of services associated with your claim. This includes investigating liability, gathering evidence, and handling negotiations with the insurance company.

Contact a Greenville Wrongful Death Lawyer from Maxey McFarland Law

You may be eligible for compensation if a loved one passed because of someone else’s careless actions or wrongdoing. Don’t try to handle this situation on your own. Help is available. Contact Maxey McFarland Law online today or call us at (864) 900-4231 for a free case review.