Tega Cay Wrongful Death Lawyer

Losing a loved one is always painful. It can be even more devastating when the loss is caused by a sudden, preventable tragedy. No amount of money can ever truly compensate for this kind of loss. However, if the death was caused by someone’s negligence or recklessness, you can pursue a measure of justice and accountability through a wrongful death claim.

At McKinney, Tucker & Lemel, LLC, our compassionate wrongful death attorneys are ready to advocate for you and your family during this difficult time. Contact us today for a consultation with an experienced Tega Cay wrongful death lawyer.

What Is a Wrongful Death Action?

In South Carolina, wrongful death is defined as death “by the wrongful act, neglect, or default of another.” The governing statute further explains that grounds for a wrongful death claim exist when the fatally injured person would have been entitled to pursue a personal injury claim had they survived their injuries. As wrongful death victims cannot file a claim or collect compensation themselves, any monetary compensation awarded is distributed to the victim’s surviving family members.

What Are Common Causes of Wrongful Death?

According to the Centers for Disease Control and Prevention (CDC), preventable injuries are the fourth leading cause of death nationwide, which led to 200,955 deaths and over $1.15 trillion in costs in 2020 alone. Ultimately, innumerable factors may give rise to fatal accidents, injuries, and legal liability. Common scenarios include:

• Traffic accidents– Many wrongful deaths result from car, truck, and motorcycle accidents involving negligent The National Highway and Traffic Safety Administration (NHTSA) reported 40,698 auto accident fatalities in 2021, a 10.5 percent increase over the previous year.
• Unsafe premises– When property owners fail to keep their premises safe for visitors, there is a risk of wrongful death due to things like slips, falls, animal attacks, and structural collapse. These cases may result in premises liability.
• Unsafe products– Dangerous drugs, defective appliances, and other unsafe consumer products cause thousands of preventable deaths every year. At-fault parties may face products liability.
• Workplace accidents– Workers in industries like construction and agriculture are especially vulnerable to fatal occupational injuries. Surviving family members of workers killed on the job may recover compensation through a workers’ compensation
• Medical malpractice– If healthcare providers deviate from appropriate medical standards of care, they may face professional liability when patients are injured or die as a result.
• Intentional acts– Thousands of homicides occur in the United States every year, most of which involve firearms. In addition to compensation through a civil claim, surviving family members may also receive restitution through a criminal conviction.

Who May File a Wrongful Death Claim in South Carolina?

Only the personal representative of the decedent’s estate has the legal authority to file a wrongful death claim. If appointed in a last will and testament, a personal representative is sometimes known as the executor of the decedent’s estate. If appointed by a probate court in the absence of a will, they are sometimes known as the administrator.

What Damages Are Available for Wrongful Death Claims in South Carolina?

A wide variety of compensation can be secured through a wrongful death claim. Depending on the circumstances, surviving loved ones may seek compensation for things like:

• Reasonable expenses related to funeral services, including burial, cremation, and memorials.
• Loss of household income, benefits, or other financial support of the decedent.
• Loss of personal contributions of the decedent, such as childcare and guidance.
• Medical costs incurred to treat decedent for their fatal injuries.
• Non-economic losses, such as the pain and suffering experienced by surviving family members.

A court may also order “exemplary damages” in rare circumstances intended to punish at-fault parties for any wrongdoing. Exemplary damages, sometimes known as punitive damages, are usually only awarded when the at-fault party’s behavior is inexcusably reckless or intentionally malicious.

 

Who Receives the Money from a Wrongful Death Lawsuit?

Though a wrongful death claim must be filed by the decedent’s personal representative, South Carolina law distributes any compensation awarded to the surviving spouse and children of the decedent. If they did not leave behind a spouse or children, their parents are next in line.

Finally, if neither option applies, compensation is distributed to the decedent’s remaining heirs. Heirs are determined by the decedent’s will or, in the absence of a will, according to state laws of intestate succession.

There exists one notable exception to these rules in the case of surviving parents. Namely, a “court may deny or limit [their] entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that [they] failed to reasonably . . . provide for the needs of the decedent during his or her minority.”

What Is the Difference Between Wrongful Death and Survival Actions?

South Carolina recognizes a distinction between wrongful death actions and survival actions. As explained above, a wrongful death action seeks to compensate surviving family members for the death of their loved one. By contrast, a survival action is brought on behalf of the decedent’s estate.

These are essentially personal injury claims that “survive” in the sense that the cause of action is not extinguished by the decedent’s passing. Instead, they allow the decedent’s estate to seek compensation they would have been entitled to for their injuries while living. Just as in a personal injury case, any money awarded is meant to compensate for things like medical expenses, pain, and suffering resulting from the fatal accident.

Is There a Deadline to File a Wrongful Death Claim in South Carolina?

Yes. In South Carolina, personal representatives have three years from the date of death to file a wrongful death lawsuit. If they attempt to file after the deadline passes, the claim will most likely be dismissed in court, thereby eliminating their route to compensation and bargaining power in out-of-court settlement negotiations with the at-fault party. Our Tega Cay wrongful death lawyers are ready to work with you to ensure that you do not miss this critical deadline.

Our Tega Cay Wrongful Death Lawyers Can Help

If your loved one was killed in an accident at little to no fault of their own, you and your family are likely entitled to legal compensation from the at-fault party. The Tega Cay wrongful death lawyers at McKinney, Tucker & Lemel, LLC, are ready to handle your case from start to finish. Contact us today to learn more in a consultation.