What is a wrongful death, and how can you seek justice if your family is impacted? A wrongful death is a tragic loss caused by someone else’s negligence or intentional misconduct, often leaving families grappling with grief and uncertainty. By filing a wrongful death lawsuit, families can seek compensation for their loss and hold the responsible party accountable, offering some semblance of closure during a deeply difficult time.
At Harvey and Battey, our dedicated team of wrongful death lawyers understand the challenges you face and are here to guide you through the process in South Carolina, from determining eligible beneficiaries to pursuing damages for tangible and emotional losses, with compassion and expertise.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil lawsuit against individuals who have intentionally or negligently caused the death of another person, which differs from criminal homicide. In a criminal homicide case, the person knowingly caused the death of another person. A wrongful death lawsuit may accompany criminal charges for the same offense, but if the death was caused by accident or negligence, criminal charges do not have to accompany a wrongful death case. While criminal prosecution is based on evidence “beyond a reasonable doubt,” a civil lawsuit must only prove that, more likely than not, the accused is responsible for the decedent’s death.
What is a wrongful death lawsuit most often filed for? In no particular order, wrongful death lawsuits are most often filed because of:
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Auto Accidents
You may have grounds for a wrongful death lawsuit if the death of a loved one was caused by life threatening injuries from a car accident involving reckless driving, speeding, distracted driving, or driving while under the influence of drugs or alcohol.
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Workplace Accidents
Transportation incidents, being struck by a moving object or vehicle, exposure to harmful substances, and more situations or actions that have led to someone’s death while on the job may be the basis of a wrongful death lawsuit.
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Medical Malpractice
Medical malpractice that may allow you to file a wrongful death case includes medication errors, surgical errors, poor patient aftercare, failing to order diagnostic tests, ignoring or misinterpreting test results, lack of fetal monitoring, or a misdiagnosis or delayed diagnosis.
Losing a loved one is a profound tragedy, and while no legal action can ever truly make up for your loss, a wrongful death lawsuit can help provide closure and justice. Each case is unique, but no matter what the wrongful death was caused by, the goal remains the same: to hold those at fault accountable and secure the compensation you deserve.
How to File a Wrongful Death Lawsuit in South Carolina
If you are authorized to file a wrongful death lawsuit and are within the statute of limitations, these are the steps to take to begin a civil lawsuit.
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Gather Evidence That Can Be Used to Establish Liability
Key evidence to gather when planning to file a wrongful death lawsuit include the decedent’s death certificate, autopsy documents, police reports, pictures or videos, medical documents, and witness statements.
The circumstances of your loved one’s death will determine the specific evidence needed for your case. An experienced wrongful death lawyer will guide you through collecting the necessary evidence and documentation.
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Keep a Record of All Accrued Expenses
Maintain records of your loved one’s care and burial expenses, as these may be recovered as damages in a wrongful death lawsuit.
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Seek Emotional Support
The loss of a loved one is a difficult time. It’s important to take care of your mental health as you lay them to rest and seek justice for their death. Friends, family, or a mental health professional can help.
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Find a Personal Injury Lawyer for Wrongful Death
Filing a wrongful death lawsuit can be a difficult procedure to navigate. A personal injury lawyer who specializes in wrongful death cases can evaluate your case, help you navigate this process, and aid you in seeking justice for your loved one.
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File a Complaint or Petition
The next step in filing a wrongful death lawsuit is to file a complaint or petition, which provides the defendant with the facts and legal grounds for the lawsuit. Once this document has been filed, the process of a wrongful death lawsuit has officially begun.
Filing a wrongful death lawsuit in South Carolina can feel overwhelming, but taking these steps ensures that you’re on the right path to seeking justice for your loved one. A trusted wrongful death lawyer can provide clarity, guidance, and unwavering support, ensuring that your loved one’s legacy is honored and justice is served.
What Damages Are Possible if You Win a Wrongful Death Case in South Carolina?
If you qualify as a beneficiary and win a wrongful death lawsuit, damages can include funeral expenses, medical bills, lost financial support/benefits, and other tangible losses. Emotional damages may include loss of your loved one’s care, companionship, and experience, as well as pain and suffering. If the actions that caused the decedent’s death were deliberate or reckless, exemplary damages may also be awarded. The wrongful death lawyers at Harvey and Battey are committed to helping you through this process and gaining the best possible outcomes.
Who Can File a Wrongful Death Lawsuit in South Carolina?
In South Carolina, the Personal Representative of the decedent can file a wrongful death case. If a Personal Representative has not been appointed, the court may name a substitute who can file a wrongful death case.
Who Benefits From a Wrongful Death Lawsuit in South Carolina?
Although the Personal Representative is responsible for filing a wrongful death lawsuit, the surviving family members will receive any recovered damages. In most wrongful death lawsuits in South Carolina, people who can recover damages include:
- The surviving spouse and children
- If no surviving spouse or children, the deceased’s surviving parents
- If there are no surviving spouse, children, or parents, the deceased’s heirs
How Long Do You Have to File a Wrongful Death Case in South Carolina?
The statute of limitations for filing a wrongful death lawsuit in South Carolina is generally three years from the date of the person’s death but may be as little as two years. If the wrongful death lawsuit is not filed within the appropriate time period, it is likely your lawsuit will not be heard by the courts. An experienced wrongful death lawyer can review your case and determine the correct statute of limitations for your case.
How Long Does a Wrongful Death Case Take to Settle in South Carolina?
The time it takes to settle a wrongful death lawsuit will vary, with the circumstances and details of the case influencing the time it takes to settle. Some wrongful death cases may require additional evidence acquired or investigations conducted to establish liability. If so, this can increase the time needed to settle your case. In general, a wrongful death lawsuit can last a few months to several years.
Because the time it takes to settle a wrongful death lawsuit can vary, in addition to the statute of limitations mentioned above, it’s important to file a claim as soon as possible.
Our Experienced Personal Injury Attorneys in Beaufort, SC
A wrongful death lawsuit can offer justice, accountability, and financial relief for the loss of your loved one. At Harvey and Battey, William Harvey, III, Thomas Holloway, J. Samuel Scoville, and Austin Blake, our experienced personal injury lawyers, approach each case with the care and attention it deserves. Contact Harvey and Battey, the trusted law firm in Beaufort, SC and the Lowcountry area, and our compassionate wrongful death lawyers today for a free consultation and take the first step toward healing and resolution.
Harvey and Battey is your full service law firm in Beaufort, SC with over 100 years of experience and a strong reputation. With Harvey and Battey, you get the personalized attention of a small firm combined with the knowledge and resources of a large firm. Our attorneys have years of experience in many practice areas such as personal injury, family law, real estate, estate planning, and more. Contact us today to schedule your free initial consultation with one of our car accident attorneys in Beaufort, SC and learn how we can be your law firm for life.