If your loved one passed away from injuries that were caused by someone else’s wrongful act or negligence, their case may qualify as a wrongful death lawsuit.
Per S.C. Ann §15-51-10, if a person’s untimely, preventable death occurred because of a “wrongful act, neglect, or default of another,” the liable party may be compelled to compensate surviving family members for damages they incurred. These damages are recoverable via a wrongful death claim or lawsuit.
Who Can File a Wrongful Death Lawsuit
Even if your loved one’s death qualifies as a wrongful death lawsuit, you must still make sure that you or another family member qualifies to file it.
Per S.C. Ann §15-51-20, the following individuals qualify to file a wrongful death lawsuit on behalf of a decedent (the deceased loved one):
- The decedent’s spouse
- The decedent’s child or children
- The decedent’s parent or parents or legal guardians
- The decedent’s named heir
Another thing to note is that an executor or administrator must file when bringing a wrongful death case forward.
You May Qualify to Receive Damages Related to Your Loved One’s Death
Should you qualify to file a wrongful death lawsuit, you can pursue damages related to your loved one’s death. These may be for expenses to cover their burial or other financial losses.
The following are different types of wrongful death damages you may seek:
- Funeral expenses, including costs for burial or cremation services
- Medical expenses leading up to your loved one’s passing and other medical debts you inherited
- Loss of financial support from your loved one, which can include both current and future loss of income
- Pain and suffering you, your loved one, and your family experienced
- Loss of parental guidance for surviving children
- Loss of companionship and protection for the surviving family
- Loss of consortium for the surviving spouse
- Property damage related to your loved one’s death, such as vehicle damage
You may qualify to pursue other damages, depending on the nature of your case. For example, if your loved one required at-home care services before their injuries worsened, you may be able to recover the costs for these services. Our legal team will review your case and help you calculate the value of your damages.
Our Team Can Help You Build Your Wrongful Death Lawsuit
Working with a wrongful death lawyer from our law firm can allow you to process your grief without having to worry about the legal tasks involved in making your case. When you become our client, we can handle your case for you and keep you updated as it moves forward in the legal system.
To give you an idea about what kind of services we can provide you, we offer to:
- Identify who might be held liable for your loved one’s death and related damages
- Calculate the value of your damages, which can help us understand how much compensation you may be entitled to receive
- Investigate your case further for more information and available evidence
- Speak with other involved parties on your behalf, such as the liable party’s legal team
- Prepare and file paperwork on your behalf
- Negotiate a potential settlement to avoid a lengthy battle in court
- Represent you in court if necessary
When your case is in our hands, we will treat you with compassion and empathy. Let us help you fight for the compensation you deserve.
Your Wrongful Death Lawsuit Needs to Meet South Carolina’s Filing Deadline
Another key factor to note as you build your wrongful death lawsuit is that you must file it on time, according to South Carolina’s statute of limitations. This statute outlines a legal deadline for wrongful death cases. If you do not abide by your case’s filing deadline, it could get dismissed.
Per S.C. Ann §15-3-530, you generally have three years to file your wrongful death lawsuit. While this is the general deadline for most wrongful death cases, other factors might shorten the time frame you have to file your case (e.g., suing a government entity).
Our legal team can review your case and notify you about when the deadline is approaching so we can take the necessary steps to file on time.
Let the Team at Hammack Law Firm Help with Your Wrongful Death Lawsuit
If you live in Greenville, South Carolina, or the surrounding area, call Hammack Law Firm at (864) 326-3333 for a free case evaluation. We can review your case to see how we can help you or another qualifying family member file for wrongful death damages.