Wrongful Death | Frequently Asked Questions

My loved one was killed because someone was negligent. What are my rights?

  • When someone is killed due to the negligence of another, South Carolina statutes provide for what is known as a Wrongful Death action. The case must be pursued by the Personal Representative of the estate of the deceased person for the benefit of beneficiaries listed in the statute. Subject to some exceptions, the statutory beneficiaries for a married man with children, for example, would be his wife and children.
  • A wrongful death may also give rise to what in South Carolina is called a survival action. This is an action that may be brought on behalf of the estate of the deceased person, by the Personal Representative, to recover funeral and burial expenses and to recover for any conscious pain and suffering that occurred prior to death.

How can an attorney help with a wrongful death case?

  • A death in the family can leave surviving family members in a state of emotional disarray and confusion. At a time like this, an attorney’s services may be invaluable in your fight for justice if your loved one died because of someone else’s wrongdoing. It can be tough to think about the future while you’re grieving, but serious financial concerns may arise due to the unexpected death of a loved one, and an experienced attorney can help you pursue the financial compensation you need to cover your financial losses.

When should I file a wrongful death lawsuit?

  • When a person passes away from someone else’s mistakes, his or her loved ones may be emotionally devastated. Sadly, they may also suffer financial difficulties due to the many costs associated with funeral arrangements and the possible loss of the deceased’s income. While it may be difficult to think about taking legal action to pursue compensation for these expenses, there are limits to the amount of time a deceased’s family members have to file a lawsuit. In South Carolina, this limit is set at 3 years from the date of passing.
  • While no amount of compensation can replace the person you lost, a successful lawsuit may provide you with much needed financial support. Let an attorney shoulder your wrongful death claim and help you pursue the compensation you need.

Who can file a wrongful death lawsuit?

  • The individuals eligible to file a wrongful death lawsuit will vary based on the deceased’s family. If the deceased was married and had children, their spouse and children have the power to file for compensation. If the individual was an adult and had no spouse or no children, the siblings and parents of the deceased may file. If the individual was a young child, the child’s parents can file a claim.
  • Working out the details of a wrongful death lawsuit can prove unfortunately complicated at an already difficult time. If your loved one has recently passed because of another party’s actions or inaction, we may be able to help you sort out the details and pursue justice.

 

 

Gamache Law Firm