Wrongful death lawsuits are particularly complex since one must prove negligence and a direct impact of the death on remaining family members. If you have lost a loved one unexpectedly, you have the right to file a wrongful death suit on their behalf. Wrongful death claims can potentially lead to economic or non-economic damages to be collected by spouses or children of the deceased. These damages may include funds for funeral expenses, medical bills and lost wages.
Examples of How Negligence Can Lead to Wrongful Death
Negligence can tragically lead to wrongful death in various scenarios on the road, highlighting the critical need for responsible driving and adherence to safety regulations. Here are some examples of how negligence can result in wrongful death:
- Distracted Driving
- Speeding
- Drunk Driving
- Reckless Driving
- Failure to Obey Traffic Laws
Who Is Eligible To File For Wrongful Death?
In South Carolina, wrongful death claims are typically filed by the personal representative of the deceased's estate on behalf of the surviving family members or beneficiaries. Eligible parties who may recover damages in a wrongful death claim in South Carolina include:
- Spouses and children of the deceased
- Parents if there are no surviving spouses or children
- Legal heirs and beneficiaries of the deceased's estate
- Other dependents who were financially supported by the deceased
It is important to note that South Carolina has a statute of limitations for filing wrongful death claims, which is generally three years from the date of the victim's death. Consulting with an experienced wrongful death attorney in South Carolina is essential to understanding your rights, determining liability, and pursuing compensation for your loss.
How Long Do I Have to File For Wrongful Death?
In South Carolina, the statute of limitations for filing a wrongful death claim is generally three years from the date of the deceased person's death. This time limit is set by state law and serves as a deadline for initiating legal action against the party or parties responsible for the wrongful death.
It is crucial to understand the significance of the statute of limitations in wrongful death cases. Failing to file a claim within the specified time frame can result in the loss of your legal right to seek compensation for the wrongful death of your loved one. The court is likely to dismiss any claims filed after the statute of limitations has expired, barring you from recovering damages.
