Tragic accidents strike Lexington more often than we would like. Anyone could suffer life-threatening injuries in a car wreck, workplace accident, or hospital. And when the unthinkable happens, surviving family members are left with many questions about what happened.

Contact Hart Law today. South Carolina gives the estate the right to file a wrongful death claim. This is a civil lawsuit for financial compensation that certain family members can receive. Our Lexington wrongful death attorney can meet to discuss the tragedy and answer questions in a free consultation.

Examples of Wrongful Death Claims in South Carolina

A wrongful death claim arises when a person dies as the result of a defendant’s negligent, intentional, or otherwise wrongful acts. Common examples include:

  • Car accidents. A distracted or speeding motorist can slam into another car, causing fatal injuries.
  • Truck accidents. Large commercial trucks are more likely to cause a fatality when they crash. You might have a claim if the trucker was intoxicated, fatigued, or otherwise negligent.
  • Medical malpractice. Medical providers who fail to follow the standard of care can cause an avoidable death. Misdiagnosis, surgical mistakes, and medication errors are common examples.
  • Product liability cases. A defective product can kill someone when it fails to work as expected. The manufacturer could be liable for selling a product with a design, manufacturing, or labeling defect.
  • Workplace accidents. Many workers are killed on the job in explosions or other accidents.
  • Criminal acts. You can bring a wrongful death claim against the person who attacks and kills a loved one.

Do You Need a Lexington Wrongful Death Attorney?

South Carolina does not require that you hire a lawyer to help you. But there are strategic advantages to hiring an experienced lawyer.

Evidence Collection

To prevail on a claim, family members need proof of what happened to assign liability to the defendant. While you grieve, an attorney can begin interviewing witnesses, visiting the scene of the accident, and reviewing medical records.

Initiating a Claim

Our legal team can negotiate with the defendant by sending a demand. We outline the reasons the defendant is liable and request compensation. Negotiation is a back-and-forth process which requires expert knowledge of the law.

Filing a Lawsuit

We can protect our clients’ rights by filing a wrongful death lawsuit before the statute of limitations expires. Under South Carolina Code § 15-3-530, the estate gets three years to file, beginning from the date of death.

If settlement talks stall, we can prepare to take a case to trial. That would require presenting witnesses and evidence to establish liability for the death.

Compensation For a Wrongful Death Claim

The purpose of a claim is to seek compensation for damages suffered because of your loved one’s death. We regularly request economic and non-economic damages.

Economic damages cover identifiable economic losses stemming from the death, including:

  • Burial and funeral expenses
  • Bills for medical treatment
  • Lost income or wages
  • Future lost income
  • Loss of services

Non-economic damages cover losses which are not easily grasped in monetary terms. Nonetheless, all a court can award is financial compensation for these losses:

  • Pain and suffering
  • Loss of parental guidance
  • Loss of companionship

Call our Lexington wrongful death attorney to discuss the value of your claim. Each case is unique.

Who has the Right to File a Lawsuit?

The actual lawsuit must be filed by the estate’s personal representative. (S.C. Code 15-51-20.) However, the compensation obtained belongs to the surviving spouse and children, if any.

If no spouse or child survives, then parents might qualify for compensation, otherwise other heirs at law will be eligible.

An experienced lawyer can answer any questions about whether you can receive compensation. We can also discuss who was named in the will as the personal representative, or who should ask the court for permission to serve in this role.

Frequently Asked Questions about Wrongful Death

How much time do I get to file a lawsuit?

According to the statute, you have three years from the date of death to file a wrongful death lawsuit. Missing the deadline would be a disaster, because a judge can and will dismiss your case.

What if my loved one was partially to blame for the accident?

You might still have a right to file a wrongful death claim. The state’s comparative negligence law applies to these cases. You will receive nothing if the deceased was more than 50% liable for their accident. Otherwise, a lower share of liability will result in reduced compensation.

Contact a Lexington Wrongful Death Attorney

Hart Law is proud to serve the Lexington community with its personal injury needs. If you lost a close family member, please reach out at (803) 771-7701. We offer a compassionate, low-pressure consultation with an experienced lawyer.