Columbia Wrongful Death Attorneys
Wrongful Death Claims in South Carolina
Personal injury litigation provides accident victims and their families with a way to recover compensation for their medical bills and other damages, and to hold responsible parties accountable. Sadly, accidents are sometimes fatal. The loved ones of the deceased are left with expenses, as well as the significant emotional impact. In these cases, a wrongful death claim can provide resources to compensate for these losses.
The Columbia wrongful death lawyers of Woron and Dhillon, LLC are here to help if you have lost a loved one because of another person’s negligence. We understand that no amount of money can ever truly compensate you for this great loss, but legal action can alleviate some of the damages caused by negligence and ensure those who are responsible are held liable. We are here to guide and support you during this difficult time.
Wrongful Death Laws in South Carolina
Every state has its own laws concerning wrongful death litigation. In South Carolina, the terms of wrongful death cases are defined in Section 15-51-10 of the state’s laws. The law states, “Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.”
South Carolina’s Wrongful Death Statute of Limitations
The statute of limitations for wrongful death cases also varies by state. The statute of limitations is a time period in which claims can be filed and will be viable under the law.
In South Carolina, wrongful death claims must be filed within 3 years of the victim’s death. A wrongful death claim that is filed outside of this window will most likely be denied. It is essential to file a wrongful death claim as soon as possible if you believe your loved one’s death was caused by another person’s negligence.
Who Can File a Wrongful Death Claim in South Carolina?
States regulate who is able to file wrongful death claims as well. The only person who can file a wrongful death claim in the state of South Carolina is an administrator of the deceased person’s estate. An estate administrator may be a non-relative such as an attorney, but can be a relative of the deceased person as well. Often, the administrator is identified in a will or other estate documents.
Although the administrator is the only person who can file a claim, the compensation that is recovered through the case will be distributed to the deceased person’s family. The people who can receive compensation include the people who were most financially and emotionally connected to the victim, such as spouses, parents, children, and other family members, as well as heirs who were specified in the deceased person’s will.
The Wrongful Death Claims Process
To start, your wrongful death case must meet the criteria outlined above: The death must have been caused by another person’s negligence, no more than 3 year must have passed since the death, and the administrator of the estate must be prepared to file a claim and provide compensation to the deceased person’s family and heirs.
The Columbia wrongful death lawyers of Woron and Dhillon, LLC can help you manage the complexities of filing a claim. We can assist you with collecting evidence, completing paperwork, and resolving end-of-life affairs.
Contact Us to Discuss Your Case
We are available to speak about your case for free. It is our goal to ensure you are fairly compensated for the financial and non-economic damages caused by your loved one’s untimely death, and that those responsible are held accountable for their negligence.
“I highly recommend Brett Woron. He goes above and beyond for his clients. If you are seeking an attorney, he is the one.”- Philip T.
“Best Experience I’ve had with a lawyer! He was very professional and cares about his clients. I highly recommend him to my family and friends. If you are looking for representation, he’s your man!”- Chelsea B.
“Brett Woron is a very amazing attorney. I wouldn't choose anyone else. He truly made us feel like he was on our side, the entire time. Thank you Brett for making this process as easy as possible.”- Kimberly R.