Columbia, SC Wrongful Death Attorneys

The death of a loved one is tragic, and family members who are taken too soon because of mistakes and negligence deserve justice. If a loved one was killed in an accident or because of someone else’s actions, you could be entitled to file a wrongful death lawsuit.

An attorney can help you file your case and get the compensation you deserve. There are nuances to every case, including issues with facts and evidence, legal deadlines to observe, and insurance adjusters to contend with. We must make sure to include claims for damages that your loved one suffered before passing away in addition to damages experienced by you and your family.

For a free, private case evaluation to begin, call our wrongful death attorneys with Burriss Ridgeway Injury Lawyers at (803) 451-4000.

Who Can File a Wrongful Death Claim in Columbia, SC?

Wrongful death lawsuits in South Carolina are filed to help the surviving family get damages. However, the lawsuit cannot be filed by just anyone, even if they are a member of the family.

Executor of the Deceased’s Estate

A wrongful death lawsuit is actually filed by the executor of the deceased’s estate rather than a surviving family member or loved one. Although, depending on the circumstances, the executor might be a close family member.

The executor is the person named in the will or by law who takes care of the deceased’s affairs after death. This would be the same person who distributes their assets and takes care of other estate issues after death.

This can be somewhat complicated because this person only brings the lawsuit, but the family is supposed to benefit from it.

If your loved one did not have a will naming anyone as executor when they passed, our wrongful death lawyers can help you get someone appointed to help. The court may appoint someone as an executor for the purpose of handling the estate and filing legal claims.

Surviving Family Members

Lawsuits for wrongful death in South Carolina are intended to pay damages to the surviving spouse and children of the deceased. As mentioned before, family members might not necessarily be the ones who file the case.

If the subject of the wrongful death lawsuit died without a spouse or kids, then the benefits go to their parents instead.

If there are also no parents, then whoever that deceased person’s heirs are can get the winnings from the case – whether that be someone determined by law (a surviving sibling, for instance) or someone named in a will (an unmarried dating partner, a close friend, etc.).

Ultimately, you should speak with a lawyer about how to sue for wrongful death in South Carolina. Because these cases are filed by one party but intended to benefit another party, it can be confusing.

When Can You File a Wrongful Death Lawsuit in Columbia, SC?

Under S.C. Code Ann. § 15-51-10, wrongful death lawsuits can be filed after a person dies in an accident or other incident caused by a “wrongful act” or “neglect.” Essentially, this type of case is designed to help the family of a victim who would have been able to sue for their injuries if they had survived.

Wrongful death lawsuits are often filed after accidental deaths involving many of the following situations:

• Car accidents
• Workplace accidents
• Serious slip and falls
• Electrocution
• Fires
• Drowning
• Defective product malfunctions
• Auto defects
• Medical device malfunctions
• Medical malpractice
• Murder and assault

South Carolina imposes a statute of limitations on wrongful death cases. While criminal cases for murder typically have no statute of limitations, civil wrongful death claims must be filed within 3 years under § 15-3-20.

This is merely the deadline for filing the case; claims can be resolved after the 3-year deadline has passed as long as they are filed on time.

Who May Be Held Responsible for a Wrongful Death?

If there is someone – whether that be a person or a company – who could have been held responsible for a normal injury lawsuit, that person can be held liable for a wrongful death lawsuit.

Individuals are often held liable for wrongfully causing another’s death. For example, if your loved one passes away because of a car accident, the other driver who caused the accident may be sued and held responsible.

Similarly, businesses and organizations may be held responsible. If your loved one passed away after an accident at work, their employer might be liable for the wrongful death.

However, these claims only work when there is a legal duty that the defendant violated. For example, car accident wrongful death claims can often be filed when the driver violated a traffic law or a standard safe-driving expectation.

The duty in other wrongful death cases will depend on the relationship between the defendant and the victim, as well as other factors.

Gathering Records and Evidence for a Wrongful Death Case

One other factor to consider is that the earlier you file your case, the better. If you go to a wrongful death lawyer after months or years have passed, necessary evidence could be gone. Documents and video footage necessary for your case could have been deleted or destroyed. Witnesses could forget what happened.

Medical Records

When hunting for evidence, we should begin with your loved medical records. Even if your loved one’s injuries are not super complicated, we need some evidence that can prove how they were inflicted and that they were the cause of death.

In many cases, this means having an autopsy performed by a medical examiner, although this is not necessary in every single case. We may also need medical experts to explain the medical records and findings of medical examiners.

Police Reports

Next, we should review police reports related to the accident that caused your loved one’s fatal injuries. Even if the accident was not a criminal matter, the police are still likely to investigate because someone died.

While police reports are often inadmissible as evidence themselves, they may contain a plethora of details we can use to find admissible evidence. The authorities tend to investigate any cases involving death, even when it is accidental, so there may be extensive police reports for us to review.

Witness Testimony

The backbone of many civil cases is witness testimony. Other people who were present when the accident happened may be able to testify about what they saw. If they saw the defendant directly cause the accident, their testimony may be extremely important.

We may also need you and other family members to testify regarding certain kinds of damages. How did the loss of your loved one affect your family? You can testify about the economic toll of the loss and the pain, grief, and sorrow it caused your family. These are things that only you and your family may be qualified to talk about, so your testimony may be crucial.

Damages in Wrongful Death Claims in South Carolina

While criminal cases for murder and manslaughter seek to punish the defendant, wrongful death claims seek to help the victim’s family. When you sue for wrongful death, you can get compensation to help you and your family continue on after the death of a loved one.

Damages for the Deceased Person

Wrongful death lawsuits are like personal injury cases in that they seek to compensate the victim. Here, the victim has already passed, so the surviving family members or other heirs get the compensation instead.

The deceased person’s legal claims for damages may live on even after they are gone. If your loved one was rushed to the hospital after the accident, they may have received expensive medical care before succumbing to their injuries. These medical expenses may be claimed as part of the case.

Similarly, you may claim various non-economic damages on behalf of your deceased loved one. If they experienced any pain or suffering before passing away, you may include these damages in the case. Often, jurors are inclined to award significant damages because death is not something that can ever truly be fairly compensated.

Damages for Surviving Family

Claims for the death of a loved one can typically compensate the family for damages the victim would have claimed, such as medical expenses, pain and suffering, and lost wages before their death. Family members can also claim other damages related to the death, such as ongoing lost income for the household, lost counsel, lost companionship, and grief.

First, we should consider the immediate financial costs related to your loved one’s passing. You may be able to claim damages such as funeral and burial expenses for your loved one, which can be very costly.

Next, we should think about other economic damages. If your deceased loved one contributed to your household financially, we may claim the loss of their financial support. Depending on how much money your loved one was earning before they passed away, this could be a very significant sum.

Your family may have also suffered serious non-economic damages. You can claim damages related to your family’s grief, emotional distress, loss of companionship or consortium, and other painful experiences.

Punitive Damages

Families can also claim punitive damages to punish the defendant for the death if it was caused by serious negligence, criminal activity, or malicious intent.

Punitive damages tend to be less common, as they may only be awarded under very specific, severe circumstances. According to S.C. Code Ann. § 15-32-520(D), the court may award punitive damages if we can prove by clear and convincing evidence that your loved one’s wrongful death was caused by the defendant’s wanton, willful, or reckless conduct.

Punitive damages must involve behavior that is above and beyond mere ordinary negligence. If these damages are available, they may be worth substantial compensation.

What if the Deceased Person is Partially to Blame for the Accident?

It is not unusual for the victim of an accident to be a little bit to blame for what happened. This does not mean that you cannot take legal action and get fair compensation. However, you might not be entitled to the full extent of your damages.

Courts might apply South Carolina’s laws of comparative negligence. Under S.C. Code Ann. § 15-38-15(A), if a victim is found to be partially responsible for their injuries, their damages may be reduced in proportion to their share of blame. So, if they are 20% responsible, they may lose 20% of their overall damages.

If someone is determined to be at least 50% responsible, they may be barred from recovery.

Remember, the court will not consider comparative negligence issues unless the defendant presents a compelling argument for it. They must have evidence to back up their claims. If they do not, your damages should be unchanged.

Call Our Wrongful Death Lawyers in Columbia, SC for Help with Your Case

For a free, private case evaluation to begin, call our wrongful death attorneys with Burriss Ridgeway Injury Lawyers at (803) 451-4000.