Wrongful Death Attorney in Charleston, SC
When a person dies in South Carolina as a result of the conduct of another person or a company, family members may may be able to bring a wrongful death claim suit. Under South Carolina Code of Laws section 15-51-10, a “wrongful death” is a death caused by the “wrongful act, neglect, or default” of someone other than the deceased. The wrongful act, neglect, or default must be the type for which a personal injury claim could otherwise be filed if the deceased were still living.
Common situations in which a wrongful death claim may be brought include:
- Automobile accidents
- Motorcycle accidents
- Medical malpractice
- Construction or other workplace accidents
- Defective products
- Nursing home abuse
The Law Offices of Richard A. Hricik has represented numerous family members in wrongful death claims against companies and individuals responsible for the deaths of their loved ones. Richard Hricik can negotiate an out-of-court settlement or, if necessary, advocate for you at trial.
Damages in a Wrongful Death Suit in South Carolina
A defendant in a wrongful death suit in South Carolina may be required to pay damages for the following:
- funeral and burial expenses
- medical bills and expenses for treatment of the deceased person’s related illness or injury
- property damage related to the death
- lost wages and benefits
- loss of the deceased person’s experience, knowledge, and judgment
- loss of the deceased person’s care, companionship, and protection
- pain, suffering, and mental anguish suffered by the surviving family members.
Statute of Limitations in a Wrongful Death Suit in South Carolina
South Carolina law prescribes a limited period of time during which a wrongful death suit must be filed—as it does with other types of civil actions. In South Carolina, a wrongful death suit must be filed within three years of the death of the person in question. A claim that is filed after the expiration of this three-year statute of limitations cannot be heard by a court and will be dismissed. For this reason, it is important that you contact an attorney about a potential wrongful death suit well before the expiration of the three-year statute of limitations period, so that the attorney has time to begin preparing a case on your behalf.