If you are pursuing compensation on behalf of your late loved one, the statute of limitations for filing a wrongful death lawsuit in South Carolina is generally three years from the date of death, according to S.C. Ann §15-3-530. However, certain factors may affect how long you have to file your case, such as:
- Whether you are suing a government entity
- Whether your case involves a minor
- Whether your case involves medical malpractice
Should your case involve one of the above factors, our team can provide a free review to determine its appropriate statutory deadline. We may review medical or police reports to retrieve this information.
What is a “Statute of Limitations”?
The statute of limitations is a law that sets a deadline for civil action lawsuits. Different types of lawsuits may have separate filing deadlines, so it is important to be accurate in setting the time frame you have to build your case.
If you are unsure about the statute of limitations for filing your wrongful death case in South Carolina, one of our attorneys can guide you. In fact, our law firm can monitor your case’s deadline for you and take appropriate action to file on time.
Consequences for Failing to File Your Case on Time
If you fail to meet the statutory deadline associated with your case:
- Your lawsuit may be dismissed upon its submission.
- The opposing side may request dismissal for your lawsuit if you file past the statutory deadline, which a judge may grant.
- You would have to pay for your damages, including future expenses and losses, if your case gets dismissed.
Other Reasons why You Should File Your Case Early
We advise you to file your wrongful death lawsuit as soon as possible because other aspects of your case may be reliant on how soon you take action. For example:
- Investigations into your loved one’s death will take time if multiple liable parties are involved or if certain information is not immediately available.
- Evidence may be time-sensitive, such as surveillance footage that gets erased after a certain amount of time.
- Getting statements from witnesses as close to the date of your loved one’s death may make their testimony more reliable. If too much time passes, their memories may not be as accurate.
Who is Eligible to File a Wrongful Death Lawsuit?
Per S.C. Ann §15-51-20, you may be eligible to file a wrongful death case on behalf of your loved one if you are their:
- Wife or husband
- Child
- Parent or legal guardian
- Legal heir to their estate
Regardless of your relationship to your loved one, you must have a personal executor or administrator bring your wrongful death case forward. While an executor or administrator may also file a lawsuit, the compensation can be received only by an eligible family member. One of our dedicated attorneys can offer more information on other factors that determine who gets the money in a wrongful death lawsuit, based on the specifics of your case. Our team can explain this process further in a future consultation.
What Services Can a Wrongful Death Lawyer Provide?
Our personal injury team also handles wrongful death cases, so we offer several services to help clients prepare and submit their cases. If you decide to work with one of our wrongful death lawyers, we can offer to do the following to help you pursue compensation:
Investigate Your Loved One’s Death
Our team can review police reports, medical and autopsy records, and other resources to identify who may be liable for your loved one’s death.
Handle Communications on Your Behalf
You and your family may have insurance companies, attorneys, investigators, and other interested parties reaching out to you for a statement. As our client, you can refer these parties to us, and we will make statements on your behalf. This allows us to protect your case while you grieve in peace.
Gather Evidence to Support Your Case
During our investigation, we can also make efforts to request and retrieve evidence on your behalf. This may involve:
- Collecting photographs or video footage of your loved one’s injuries and the scene where their death occurred
- Interviewing witnesses who can verify claims about how your loved one’s death occurred
- Getting testimony from expert witnesses, such as medical professionals or accident reconstruction analysts
- Requesting records and data collected by companies that might pertain to your case, such as black box information, driving logs, or cellphone records
Represent You Throughout Your Case
Finally, a wrongful death lawyer from our team can represent your legal interests during negotiations or a trial. They can advocate for you and your family and fight for the justice you need.
If your loved one has lost their lives in a collision in South Carolina, you can also contact a Spartanburg car accident lawyer from our team. We offer legal services in several locations across the state, including Spartanburg.
Get More Questions Answered in a Free Consultation with an Attorney at Hammack Law Firm
Don’t wait until the last minute to file your wrongful death case. Call Hammack Law Firm today to review your case for free. A wrongful death lawyer from our team can manage your case for you while you and your family grieve privately. Start your journey toward compensation today.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
