Rock Hill Wrongful Death Lawyer
It is never easy to lose someone you love. It is especially painful when the death is unexpected or due to someone else’s careless behavior. Our Rock Hill wrongful death lawyers at Stewart Law Offices, help grieving families pursue compensation for the unplanned financial burdens that come from losing a loved one. Our trusted legal team has the experience and the resources to help families through this difficult time. Call our office today to set up a free consultation and learn about your legal rights.
What Is A Wrongful Death?
Under South Carolina law, a wrongful death is when the death of a person is the result of a wrongful act, neglect, or default of another party. The wrongful act, neglect, or default must be the type of action for which the person could have filed a personal injury lawsuit had he or she lived.
A wrongful death claim can arise when one person dies due to the legal fault of another person or entity, including by:
- a negligent accident (such as a car accident)
- medical malpractice
- slip and fall accidents
- intentional assaults and homicides
- nursing home abuse and neglect
Damages Available in a Wrongful Death Lawsuit
In South Carolina, damages can be awarded for a range of losses, including:
- funeral and burial expenses
- medical bills and expenses related to the deceased person’s final illness or injury
- lost financial support and benefits
- loss of the deceased person’s experience, knowledge, and judgment
- loss of the deceased person’s care, companionship, and protection
- pain and suffering experienced by the surviving family members.
If the conduct that caused the death was deliberate or reckless, the court may also award exemplary damages.
Who Can File and Recieve Compensation in a Wrongful Death Claim?
Who Can File a Wrongful Death Lawsuit?
In South Carolina, the executor or administrator of the deceased person’s estate must file a wrongful death claim. If the deceased made a will, the executor will be named there. But if the deceased person has no estate plan, or if the named executor cannot or does not wish to serve, the court may name someone.
Who Can Receive Damages in a Wrongful Death Lawsuit?
Any damages recovered will go to the deceased person’s surviving family members. The family members who can recover damages in a South Carolina wrongful death case include:
- the deceased’s surviving spouse and children
- the deceased’s surviving parents, if there is no spouse or child, and
- the deceased’s heirs, if there are no parents, spouse, or children.
Wrongful Death Statute of Limitations in South Carolina
The statute of limitations that applies to wrongful death claims is within three years of the date of the person’s death.
Contact a Wrongful Death Attorney in Rock Hill
You owe it to yourself and your family to seek skilled advice from a wrongful death lawyer before accepting any settlement offers. At Stewart Law Offices, we take the time to get to know our clients so we can provide personalized and compassionate service. Stop by or contact us online today to schedule a free initial meeting and let us help you understand your rights after a wrongful death.