How Long Do You Have to File a Wrongful Death Claim?

In South Carolina, most wrongful death claims must be filed within three years of the date of death. Miss that deadline, and the court can permanently refuse to hear your case, regardless of how strong the evidence is.

If you’re unsure about the deadline for filing for wrongful death, connect with Douglas Jennings Law Firm, LLC today. Our wrongful death lawyers in Bennettsville can confirm the South Carolina wrongful death statute of limitations and take steps to preserve your claim before you run out of time.

What is The Statute of Limitations for Wrongful Death Claims in Bennettsville?

South Carolina’s general statute of limitations for wrongful death claims is three years. In most cases, the clock begins to run on the death date, not the date of the accident or injury that caused it. While the rule sounds straightforward, wrongful death cases are rarely that simple.

In some cases, families can wait months or years to get crash reports, autopsy findings, or medical records. However, while investigations continue, the legal deadline does not pause, so there’s a chance they might miss the filing deadline.

When The Wrongful Death Deadline Can Be Shorter in Bennettsville

Certain wrongful death cases in South Carolina are subject to shorter or different filing deadlines, depending on who caused the death and how it occurred.

Wrongful Death Claims Against The Government

If the wrongful death involves a government entity, such as a city vehicle, a county agency, or a state-run facility, the South Carolina Tort Claims Act applies. In most cases, you have two years to file unless a verified claim is filed early, which may extend the deadline to three years.

Missing this shortened deadline can end a wrongful death case before it begins, which is why families usually contact a wrongful death attorney in Bennettsville as soon as they suspect government involvement.

Medical Malpractice Claims and Wrongful Death

Wrongful death claims arising from medical negligence generally follow the same three-year deadline. However, medical malpractice wrongful death cases frequently involve disputes over when negligence occurred, what caused the death, and what evidence establishes liability. Those disputes take time, and delay only benefits the defense.

Who Can File a Wrongful Death Lawsuit in Bennettsville?

Under South Carolina law, a wrongful death lawsuit must be filed by the personal representative of the estate, not by individual family members directly. Any compensation is then distributed for the benefit of surviving family members, such as spouses, children, or parents. This requirement is a common source of delay, particularly for families unfamiliar with the estate process.

How a Wrongful Death Lawyer in Bennettsville Can Help

A wrongful death attorney in Bennettsville can verify the statute of limitations for your specific case, identify the proper plaintiff, and preserve evidence before defenses attach. They can likewise open the estate if needed and file the wrongful death lawsuit before procedural issues can be used to block your case.

At the same time, your lawyer will investigate liability, whether the death involved a reckless driver, unsafe property, defective equipment, or institutional negligence, and ensure you receive the financial recovery you’re entitled to.

Unsure If It’s Too Late to Speak With Our Wrongful Death Lawyers in Bennettsville?

Grief distorts time. If you are unsure how much time remains, a brief review of the facts from our Bennettsville wrongful death attorneys can clarify whether your claim is still viable and what you must do next. Call Douglas Jennings Law Firm, LLC, at 843-479-2865 or reach us online for your no-cost consultation today.