What Is South Carolina’s Wrongful Death Statute?

How Long Does a Wrongful Death Lawsuit Take?
How Long Does a Wrongful Death Lawsuit Take?
October 27, 2022
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What Is South Carolina's Wrongful Death Statute?

Losing a loved one to someone else’s negligence is a tragic circumstance that no amount of compensation can make right. Obtaining just compensation can, however, help you and your family find your way forward.

The South Carolina wrongful death statute establishes the laws that govern claims like yours, and an experienced South Carolina wrongful death attorney is standing by to help. Contact The Law Office of Steven M. Krause to request a consultation.

The Wrongful Death Statute of Limitations in South Carolina

The amount of time you have to file your wrongful death case is called the statute of limitations, and in South Carolina, it is three years from the date that your loved one succumbed to the at-fault party’s negligence.

If, on the other hand, the at-fault party is a governmental agency – such as a county-affiliated medical facility – the statute of limitations is reduced to two years.

South Carolina allows the surviving spouse and children of a loved one who is lost to someone else’s negligent, reckless, or deliberate action to seek compensation through a wrongful death case.

What Kinds of Incidents Can Lead to Wrongful Death Claims?

A wide variety of accidents and other incidents can lead to wrongful death claims in South Carolina. Some of the most common include:

  • Traffic accidents
  • Slip and fall accidents
  • Intentionally violent acts
  • Medical malpractice
  • Accidents involving defective consumer products

Any of these that causes the victim’s death are wrongful death cases, and because compiling a strong wrongful death claim that accurately reflects your covered losses is a challenging endeavor, reaching out to a dedicated wrongful death attorney sooner rather than later is always in your best interest.

An Experienced South Carolina Wrongful Death Attorney Can Help

Our compassionate team at The Law Office of Steven M Krause PA understands the immense gravity of wrongful death cases and dedicate their impressive practice to skillfully championing the rights of our clients – in pursuit of just compensation.

If you are in the painful situation of having lost a loved one to someone else’s negligence, don’t wait to contact or call us at 864-225-4000 for more information today.

Wrongful Death Case FAQs

Who can file a wrongful death claim in South Carolina?

The Personal Representative of the estate of the deceased files the wrongful death claim on behalf of the decedent’s survivors, including the following – in order of eligibility:

  • The surviving spouse
  • The surviving children
  • The surviving parents
  • The surviving heirs, according to the state’s laws of intestate succession

What losses can I seek compensation for?

You can seek compensation for the losses you experience in the following categories:

  • The related medical bills your loved one incurred prior to death
  • The cost of your loved one’s funeral and burial
  • Your loved one’s lost earnings, including in relation to lost earning potential
  • Your emotional pain and suffering, including but not limited to grief, sorrow and the loss of companionship.

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