Wrongful Death

Losing a loved one is never easy. Losing that loved one because of another person’s negligence can make the grieving process even more painful. During this time, surviving family members may also become burdened by medical expenses and funeral costs, all while they are struggling to cope with the emotional loss of support they used to receive.

Fortunately, South Carolina law allows for surviving family members to bring a wrongful death claim against the party or parties that have wronged them. While no amount of financial compensation could ever replace the loss of your loved one, grieving families should not have to suffer unnecessary financial burdens and an uncertain future because of another person’s recklessness.

South Carolina Wrongful Death Laws

S.C. Code § 15-51-10 allows for South Carolina families to pursue a wrongful death claim under the law. This statute allows for specific family members to file a wrongful death lawsuit for any accident where the person’s death was caused by a wrongful act, an act of negligence or default of another entity. This includes any accident where another person or company’s negligence or recklessness has caused a fatality.

At the Law Offices of F. Craig Wilkerson, our wrongful death lawyers have successfully represented grieving families throughout South Carolina who lost their loved ones in tragic accidents, including:

Who Can File a Wrongful Death Lawsuit in South Carolina

In South Carolina, grieving families have 3 years from the date of their loved one’s death to file a wrongful death claim. Under the law, only specific family members are allowed to file a wrongful death claim. The deceased’s spouse and children are allowed to file a claim first. If the deceased did not have a spouse or a child, then the deceased’s parents would be allowed to file a claim. If there are no parents, spouse or children, then the heirs of the deceased would be allowed to file a claim. Any damages recovered in a wrongful death claim would be divided among the spouse, children, parents, and heirs according to how much they were dependent on the deceased for financial support, love, or guidance.

Damages Awarded in a South Carolina Wrongful Death Lawsuit

There are numerous damages that may be awarded to grieving family members after the loss of their loved one. These damages and the amount of damages recovered are based on numerous factors, including the relationships, the age of the deceased at the time of the accident, and the financial dependency of those left behind. Some of the damages that may be awarded in a South Carolina wrongful death lawsuit include:

  • Funeral expenses
  • Burial costs
  • Medical bills and expenses prior to death
  • Lost wages and benefits
  • Loss of future earnings and benefits
  • Other financial losses
  • Loss of companionship
  • Pain and suffering
  • Loss of guidance or support
  • Mental anguish

If the actions of the defendant were deliberate or reckless, the court may also award punitive damages to the family members. Punitive damages are damages that are not awarded to compensate for losses. Instead these damages are awarded as a punishment to the defendant for their wrongdoing.

Contact Our Rock Hill, South Carolina Wrongful Death Lawyers Today

If you’ve lost someone you love because of another person’s negligence in Rock Hill, Fort Mill, Lancaster, or anywhere in the state of South Carolina, you need a compassionate and experienced wrongful death lawyer on your side. While no amount of compensation could ever replace the loss of your loved one, you and your family should not have to suffer unnecessary financial burdens during your time of grief.

Call the Law Offices of F. Craig Wilkerson today at (803) 324-7200 (Rock Hill), (803) 289-7202 (Lancaster), (803) 396-5200 (Fort Mill), (864)466-5170 (Union) or fill out our confidential contact form. With offices conveniently located in Rock Hill, Fort Mill, Union and Lancaster, we are here when you need us. Call us today for a free case evaluation.