A death that is caused by neglect, a wrongful act, or at the hands of another person or party is referred to as a wrongful death. A wrongful death lawsuit is different from a survival action, which is the personal injury action the deceased would have filed had he or she survived. Both wrongful death and survival actions must be filed by the executor or administrator of the deceased’s estate.
If your loved one was killed by another party’s negligence or wrongful act, you only have three years to file a legal claim. It is important to take immediate action because these accidents typically require extensive independent investigations. Failure to file a wrongful death claim within the statute of limitations will result in a court refusing to hear your case.
The Nye Law Group understands that families need time to grieve, which is why our firm handles all of the court appearances and legal paperwork deadlines for our clients during these extraordinarily difficult times. You can take advantage of a free consultation as soon as you call 855-636-9277 to schedule an appointment.
Filing a Wrongful Death Claim
While the executor or administrator of the deceased’s estate is the party that brings the lawsuit forward, damages awarded will be distributed to certain family members as designated by South Carolina state law. The primary beneficiaries are typically the deceased’s spouse and children.
When there are no spouse or children, a wrongful death lawsuit compensates the deceased’s parents. If the deceased has no living parents, a wrongful death lawsuit is for the benefit of his or her legal heirs.
Wrongful death lawsuits may stem from any one of a number of common accidents, including but not limited to:
- Birth injuries
- Medical malpractice
- Car accidents
- Motorcycle accidents
- Nursing home abuse
- Construction accidents
- Medical malpractice
- Truck accidents
The damages that may be awarded in a wrongful death case include funeral expenses as well as lost income the deceased would have provided. Certain awards, such as pain and suffering, can be more difficult to obtain in survival actions.
Do not let concerns about affording an attorney prevent you from retaining legal counsel. The Nye Law Group represents clients on a contingency fee basis, meaning you pay our firm absolutely nothing unless you receive a monetary award.
Find a Wrongful Death Lawyer in South Carolina
Was your loved one killed by another person’s wrongful act or negligence in South Carolina? You should make sure that you do not speak to any insurance company until you have legal representation.
Some insurers will quickly attempt to offer settlements to families in an effort to keep their cases out of court. These proposed settlements are often much less than what families are actually entitled to.
The Nye Law Group can fight to make sure that you receive all of the compensation your family needs and deserves after the death of your loved one. You can have our Bluffton personal injury attorney review your case and help you understand all of your legal options as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.