Generally, there are four key reasons why you might want to consider taking legal action if your loved one died because of someone else’s fault:  

1. Justice for your loved one. One of the main reasons people file wrongful death lawsuits is to fight for justice on behalf of their loved ones. If someone else was responsible for the death, they should be held accountable. The legal system can provide a way to hold negligent parties responsible and make sure they do not cause similar harm to anyone else. 
2. Financial security. In addition to justice, another reason to consider a wrongful death lawsuit is to receive compensation for the loss. This can include things like medical expenses, funeral costs, and lost income. Not only can this help with the immediate financial burden, but it can also provide long-term security for those left behind. 
3. Prevention of future negligence. Filing a wrongful death lawsuit may also help prevent similar incidents from happening in the future. By holding negligent individuals and companies responsible, it sends a message that these actions will not be tolerated. Additionally, it can lead to changes in policies or procedures that make things safer for everyone. 
4. Closure. Lastly, filing a wrongful death lawsuit can provide a sense of closure and healing for those left behind. While nothing can bring back a loved one, justice and financial security can make the grieving process a little easier. And knowing that legal action was taken can help some find a sense of peace. 

If you’re in or near Greenwood, South Carolina, our wrongful death attorney is here to handle the legal details of your case so that you can focus on grieving and healing.  

In South Carolina, the term “wrongful death” refers to the death of a person as a result of someone else’s neglect, wrongful act, or default. As a rule of thumb, if a person could have filed a personal injury claim had they survived, there’s likely a basis for a wrongful death lawsuit.  

South Carolina law limits the amount of time a wrongful death lawsuit can be brought after the death of the deceased person. A wrongful death lawsuit must be filed within three years of the date of the death. Any attempts to file a suit after three years have expired will likely result in the dismissal of the case.

Some states allow surviving family members of the decedent to file a wrongful death lawsuit. However, South Carolina is not one of those states. South Carolina law requires that wrongful death lawsuits are brought by the executor or administrator of the decedent’s estate. If the deceased person had a will, they might have named the executor of their choice in the document. However, if there is no will, the court will appoint a person to serve as the executor of the estate.  

While it is the responsibility of the executor/administrator to file a wrongful death claim, any recovered damages will be awarded to the surviving family members of the decedent.

If you are considering pursuing a wrongful death claim on behalf of your deceased loved one, there must be evidence that your loved one’s death was due to neglect, wrongful act, or default of another person. Typically, wrongful death cases are filed after car accidents and other negligence-based accidents, intentional acts (e.g., violent crimes), and medical malpractice.

If the plaintiff and their attorney win a wrongful death lawsuit, the court will award damages that go toward compensating the deceased person’s surviving family members for their losses. Damages that may be available in wrongful death cases include but are not limited to: 

• burial and funeral expenses 
• loss of financial support and benefits 
• medical expenses incurred by the decedent before their death 
• loss of knowledge  
• loss of companionship 
• loss of care and protection 
• pain and suffering endured by the surviving family members 

The above-mentioned damages constitute compensatory damages. As the name implies, these damages are meant to compensate the surviving family members for their losses.  

Another category of damages that may be available in a wrongful death lawsuit is called “exemplary damages.” Under South Carolina law, these damages are awarded to punish the defendant’ for their wanton, willful, malicious, or reckless conduct.