Charleston Wrongful Death Lawyer

Losing a loved one can affect a family both emotionally and financially. While no amount of money can bring your loved one back, if your loved one died due to another party’s negligent actions, you can file a wrongful death claim to recover your losses and relieve the burden you feel. This can allow you the freedom to focus on your family during this difficult time. For assistance with your claim, contact a Charleston wrongful death lawyer at Rosen Hagood in South Carolina.

Who can file a wrongful death claim in South Carolina?

If a person was killed due to the wrongful act of another person, South Carolina law allows the following parties to benefit from a claim:

• The surviving spouse or children
• No surviving spouse or children: the parents of the deceased
• No surviving spouse, children, or parents: the executor or administrator of the estate

A personal representative (i.e., executor) must be the one to file the claim.

For example, John was married and had two minor children. He was driving to work one day when he was hit by a drunk driver. John died from his injuries. John’s wife and minor children are allowed, under South Carolina law, to file a wrongful death claim against the drunk driver through the personal representative of John’s estate.

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What damages are available for a wrongful death claim in South Carolina?

Survivors can recover both economic and non-economic damages.

Economic damages can include:

• Medical bills
• Lost wages
• Loss of future earnings or services
• Burial costs
• Loss of retirement income
• Property damage

Noneconomic damages can include mental anguish, loss of companionship, and the pain and suffering the deceased endured from the time of injury until her demise.

In addition to these standard damages, South Carolina law allows exemplary/punitive damages when the jury finds the at-fault party guilty of recklessness, willfulness, or malice.

How much time do I have to file a wrongful death claim in South Carolina?

Surviving family members must file a wrongful death action within three years of the death, according to S.C. Code Section 15-3-530. If you attempt to file outside this limit, you may be unable to recover anything.

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How can a South Carolina wrongful death lawyer help my case?

While economic damages are relatively simple to calculate using medical bills and receipts, calculating noneconomic damages and lost earning capacity is more complex. Lost earning capacity requires the use of vocational experts who can establish how much the deceased would have earned, adjusted for inflation. Because noneconomic damages are subjective, we need psychological experts to show what your loved one’s death will cost you and your family. A lawyer has relationships with these types of experts and can help you place an accurate value on your case.

Wrongful death claims are complex and hard-fought. Get help from a South Carolina wrongful death attorney who has experience handling wrongful death claims and dealing with expert witnesses. And remember that wrongful death lawyers work on contingency, which means you pay no upfront costs. You pay nothing unless you win your case.

Contact a Charleston wrongful death lawyer at Rosen Hagood for a free consultation today.