Wrongful Death
South Carolina Wrongful Death Attorney
We understand how the sudden loss of a loved one can devastate you and your family. In an instant, a certain future becomes uncertain and a secure life can become insecure. Nothing we can do will replace your loved one, but if someone else has caused the death of a loved one, you may have a right to seek justice through a wrongful death claim.
If you have lost a loved one, contact the Douglas Jennings Law Firm, LLC, for the services of a skilled, experienced and compassionate wrongful death lawyer. Some examples of fatalities that may result in a wrongful death claim include those that result from car and truck collisions, tractor-trailer accidents, nursing home and medical malpractice, alcohol-related accidents, defective products and dangerous conditions on someone else’s property or at work. Securing financial compensation through a wrongful death claim can never fully compensate you for your loss; however, it may provide the necessary financial resources to cover expenses related to the loss and help to secure the financial futures of those left behind.
If you have experienced the loss of a loved one, you should not have to worry about the financial and legal ramifications of your tragedy. You can rely on us to do that for you, so you and your family can focus on your emotional recovery.
If you have lost a loved one due to the negligence of another, contact us today for your free consultation with a seasoned, skilled and passionate wrongful death attorney.
Frequent Questions About Wrongful Death In South Carolina
Here are answers to some common questions about wrongful death claims in South Carolina:
What are the key differences between wrongful death claims and survival actions?
A wrongful death claim is filed by family members (typically through the estate’s personal representative) for losses resulting from their loved one’s death, including loss of financial support, companionship and mental anguish. These damages are paid to the surviving family members.
In contrast, a survival action addresses damages the deceased person could have recovered had they survived such as medical expenses incurred before death, lost wages between the injury and death, and pain and suffering experienced before death. Any damages awarded in a survival action belong to the deceased person’s estate and are distributed according to their will or South Carolina intestacy laws.
What is the statute of limitations for filing a wrongful death lawsuit in South Carolina?
In South Carolina, wrongful death lawsuits must generally be filed within three years from the date of death. However, certain circumstances may extend or shorten this time frame. For instance, if the death resulted from medical malpractice, different rules may apply. When government entities are involved, special notice requirements and shorter filing deadlines often apply.
How is compensation determined?
Compensation for wrongful death is determined by evaluating several factors, including:
- The deceased person’s income and financial contributions to the family
- The value of services the deceased provided to the household
- Medical and funeral expenses
- Mental anguish and emotional suffering of family members
- Loss of care, guidance and companionship
Each case is unique, and our attorneys work with financial experts to accurately calculate the full economic and noneconomic impact of your loss.
Are there any caps on damages in wrongful death lawsuits?
South Carolina places some limitations on damages in wrongful death cases. While there are no caps on economic damages (such as medical bills and lost wages), noneconomic damages (such as pain and suffering) may be limited in certain situations.
For medical malpractice cases, South Carolina law caps noneconomic damages at $350,000 per defendant and $1.05 million total. However, there is no cap for cases involving gross negligence, willful misconduct, or when the defendant was under the influence of drugs or alcohol. Punitive damages are generally capped at the greater of three times the actual damages or $500,000, with exceptions for certain egregious conduct.
