How to File a Wrongful Death Lawsuit in South Carolina
Filing a wrongful death lawsuit in SC must be initiated by the deceased individual’s estate administrator or executor on behalf of the surviving family members. While no amount of money can ever compensate you for losing a loved one, it can at least help you with your financial future and get some semblance of justice.
At John Price Law, we have guided many grieving and confused families throughout this process, from investigating what happened to securing fair compensation, because we believe that no one should face this immensely challenging time alone. Learn how we can do the same for your family by getting in touch with our Myrtle Beach wrongful death attorneys.
How is Wrongful Death Determined?
A wrongful death occurs when a person’s death results from another’s “wrongful act, neglect, or default.” In plain terms, it’s a civil claim like what the victim could’ve filed as a personal injury lawsuit if they had survived. Common examples of wrongful death causes include:
- Fatal car or truck accidents caused by distracted or impaired drivers
- Medical errors leading to preventable death
- Unsafe conditions on someone’s property, such as drowning or electrocution
- Defective products, such as faulty brakes or contaminated food
For instance, common cases include a fatal crash on U.S. 501 outside Myrtle Beach due to a commercial driver’s hours-of-service (HOS) violation and a deadly fall at a property due to a faulty stair railing.
What’s Involved in the Lawsuit Process?
Every case begins with a thorough investigation. Your Myrtle Beach wrongful death lawyer will gather police reports, witness statements, and expert testimony to identify who’s responsible and how their actions caused your loved one’s death. Once they’ve established liability, the steps usually include:
- Opening the estate in probate court and appointing a personal representative (if the deceased failed to name one)
- Filing the wrongful death complaint in circuit court within the three-year deadline
- Exchanging evidence through discovery, where both sides share documents, take depositions, and build their cases
- Negotiating for a fair settlement or proceeding to trial if the insurance provider refuses to pay what’s fair
While most cases settle before going to court, having a seasoned Myrtle Beach wrongful death attorney prepared to go the distance can change how insurers value the claim and ensure that you receive the maximum compensation allowed under the law.
Who Can Receive Compensation for a Wrongful Death Suit in Myrtle Beach?
SC law limits who can benefit from a wrongful death action. The spouse and children come first. If there are none, parents may recover damages. When no immediate family exists, the award becomes part of the estate and passes to heirs under state inheritance laws.
What Damages Can Families Recover?
Damages in wrongful death claims aim to replace what your family has lost, both financially and emotionally. These may include:
- Benefits and lost income your loved one would’ve earned had they survived
- Medical and funeral costs related to the death
- Loss of companionship, guidance, and emotional support
- Mental anguish suffered by surviving relatives
Connect With Our Dedicated Injury Lawyers
The process may sound daunting, but you don’t have to face it without help. The first step is simply learning your rights. An early consultation can ensure evidence is preserved and your case starts before the deadline expires. Call 843-552-6011 or contact us online to schedule your case assessment today.