Compassionate Legal Representation for Families Seeking Justice After a Tragic Loss
Lost a Loved One Due to Negligence? We're Here to Help.
The loss of a loved one is an unimaginable tragedy—especially when it happens because of someone else's negligence. Families dealing with wrongful death are left grieving, confused, and unsure of their legal rights. During this difficult time, insurance companies may attempt to minimize your claim, leaving you without the financial support you deserve.
At Christmas Injury Lawyers, we understand the emotional and financial hardships that come with losing a loved one. Our experienced South Carolina wrongful death attorneys fight aggressively to ensure families receive the full compensation they are entitled to under the law. With nearly 30 years of experience handling serious injury and wrongful death cases, our trial-ready team will stand by your side, taking on insurance companies and negligent parties to secure the justice your loved one deserves.
What Is a Wrongful Death Claim in South Carolina?
A wrongful death claim is a legal action brought when someone's death is caused by the negligent, reckless, or intentional acts of another party. Under South Carolina law (SC Code § 15-51-10), wrongful death claims allow surviving family members to seek financial compensation for their losses, including funeral expenses, lost income, and emotional suffering.
Unlike criminal cases, which are prosecuted by the state, wrongful death lawsuits are civil claims filed by the deceased person's estate. The goal is to hold the responsible party accountable and recover damages to help the surviving family members move forward. These claims often arise from various situations, including car accidents, workplace incidents, medical malpractice, and defective products.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, only the executor or administrator of the deceased person's estate can file a wrongful death claim. If the deceased had a will, the named executor will typically handle the claim. If there was no will, the court will appoint an administrator, usually a close family member.
The financial compensation recovered in a wrongful death lawsuit is distributed among the deceased's surviving family members, including:
- Spouse and children – They are the primary beneficiaries of the wrongful death claim. The financial support from a lawsuit can help cover lost income and ensure the family's future stability.
- Parents – If there is no surviving spouse or child, the parents of the deceased may be eligible to receive compensation. Parents who were financially dependent on their child may have a stronger claim.
- Other heirs – If there are no surviving spouses, children, or parents, other heirs may receive compensation based on South Carolina's inheritance laws.
If you're unsure whether you're eligible to file a claim, our experienced attorneys can guide you through the legal process and help you take the necessary steps to protect your rights.
What Damages Can You Recover in a South Carolina Wrongful Death Case?
Losing a loved one brings both emotional and financial hardships. A wrongful death claim allows surviving family members to seek compensation for various damages, including:
Economic Damages (Financial losses your family has suffered)
Economic damages cover the tangible financial losses associated with your loved one's passing. These damages may include:
Medical expenses
Any medical treatment received before the person's passing can be claimed, including hospital stays, surgeries, and rehabilitation efforts. These expenses can accumulate quickly, leaving families with unexpected financial burdens. Without compensation, these bills can create significant financial stress during an already difficult time.
Funeral and burial costs
The sudden expense of funeral services can be overwhelming. Compensation from a wrongful death claim can help cover these costs, allowing your family to grieve without additional financial stress. Families should not have to worry about affording a proper farewell for their loved one.
Lost income and financial support
If your loved one was the primary provider, their lost wages and future earnings may be included in your claim. This ensures that families can maintain financial stability despite the devastating loss. Compensation can help replace the financial contributions the deceased would have provided for their dependents.
Non-Economic Damages (The emotional toll of losing a loved one)
Non-economic damages compensate for the emotional pain and suffering experienced by surviving family members. These damages may include:
Pain and suffering
The emotional distress caused by losing a loved one can be overwhelming. Compensation acknowledges the mental and emotional impact of the loss. Families often experience long-term grief, anxiety, and depression, making this compensation essential for their well-being.
Loss of companionship and support
Spouses and children who lose their loved ones also lose the guidance, love, and support that person provided. This loss is deeply personal and affects every aspect of life. The absence of a loved one can leave an irreplaceable void that affects relationships and daily life.
Punitive Damages (When the at-fault party acted recklessly or intentionally)
In cases where the responsible party acted with gross negligence or intentional misconduct, punitive damages may be awarded. These damages are designed to punish the at-fault party and deter similar behavior in the future. Examples include drunk driving fatalities or cases involving criminal negligence. The goal of punitive damages is to ensure that the responsible party is held accountable and to prevent others from making the same reckless choices.
FAQs About Wrongful Death Cases in South Carolina
How long does a wrongful death case take?
The timeline for a wrongful death case varies depending on the circumstances. Some cases settle in a few months, while others may take a year or longer if they go to trial. A skilled attorney will help move the case forward efficiently while ensuring that you receive the maximum compensation available.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes. South Carolina follows modified comparative negligence laws, meaning your family may still recover damages if your loved one was less than 51% at fault for the accident. However, the total compensation may be reduced based on their percentage of fault.
What if the at-fault party is facing criminal charges?
A wrongful death claim is a separate civil lawsuit, which means you can file a claim regardless of whether the at-fault party is facing criminal charges. Even if they are convicted, your civil case can proceed, allowing you to recover financial compensation for your losses.
How much does it cost to hire a wrongful death lawyer?
We handle wrongful death cases on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case, ensuring that you can pursue justice without worrying about legal fees.
Do I have to go to court for a wrongful death claim?
Many wrongful death cases settle outside of court, but if the insurance company refuses to offer a fair settlement, we are prepared to take your case to trial. Our experienced trial attorneys have a strong track record of fighting for families in court and securing the compensation they deserve.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for the losses suffered by the surviving family members due to their loved one's death, such as funeral costs and loss of financial support. A survival action, on the other hand, allows the deceased person's estate to recover damages the deceased could have pursued had they survived, such as pain and suffering before passing. Both claims can often be filed simultaneously to maximize compensation.
Contact a South Carolina Wrongful Death Lawyer Today
Your family deserves justice. If you've lost a loved one due to someone else's negligence, don't face this battle alone. Our experienced wrongful death attorneys are here to fight for you.
📞 Call Christmas Injury Lawyers now at (843) 874-6653 or click below to schedule a consultation.
