If you have lost a loved one due to the negligent or careless actions of another person or entity in South Carolina, you may be entitled to compensation through a wrongful death lawsuit. These cases can be confusing for those without extensive legal experience. At The Jeffcoat Firm, our attorneys want to discuss what “wrongful death” means and how the laws in SC handle these situations.
Wrongful death under SC law
Most people think of wrongful death claims as happening when somebody loses their life due to the negligent actions, or the inaction, of another person, business, or entity.
The reality is that every state has laws that define what constitutes wrongful death. Under the South Carolina Code of Laws section 15-51-10, we can see that wrongful death is defined as the “wrongful act, neglect, or default” of another. The law in South Carolina specifically defines wrongful death actions as the type of action for which the deceased person, had they lived, would have been able to file a personal injury lawsuit against the alleged negligent party.
This can seem confusing to many people, particularly in the aftermath of sustaining a devastating loss. It is possible to think of wrongful death claims in South Carolina as personal injury cases where the injured person is not able to file the claim themselves. Instead, the executor or administrator of their estate is responsible for filing the claim on behalf of surviving family members.
Any benefits awarded in a wrongful death claim will be paid first to any surviving spouse or children. If there is no surviving spouse or child, then the parents of the deceased can receive compensation. If none of those people are available to collect wrongful death compensation, other heirs of the deceased will be awarded the damages.
Contact us for a free consultation today
If you have lost somebody you love due to the negligence or careless actions of another party, let The Jeffcoat Firm help you get through this. We will conduct a full investigation into your case so we can help you secure the closure and compensation you deserve for your loss. When you need a wrongful death lawyer in South Carolina, you can contact us for a free consultation of your case by clicking here or calling us at 803-373-1302.