The statute of limitations for wrongful death in South Carolina is three years from the date of death. The representative for the deceased must file a lawsuit within this period. Failure to do so can result in the forfeiture of the right to pursue legal action.
However, there can be exceptions in certain situations, such as when your case involves the government or medical malpractice. An Aiken personal injury lawyer can help you understand your rights and make sure you meet important deadlines with a wrongful death case.
Contact us today for a free case evaluation and find out how we can help. Our firm has over 350 years of combined experience advocating for personal injury victims and their families.
What Is a Wrongful Death Claim in South Carolina?
Any case where a person would have had a personal injury claim had they survived can be a wrongful death case. As with personal injury claims, a successful lawsuit requires proving another party was liable for an accident or injury.
Situations that can result in a wrongful death claim include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and falls
Perpetrators of violent acts like assault and battery will face criminal charges in South Carolina. When those same crimes lead to the death of a victim, a representative for the deceased may bring a wrongful death suit against the assailant.
Exceptions to the Wrongful Death Statute of Limitations in South Carolina
You generally have three years from the time of death to file a wrongful death lawsuit in South Carolina. If you do not take action during this period, you could lose your right to pursue a legal case. However, there are a few exceptions.
What Is the Wrongful Death Statute of Limitations in South Carolina for Medical Malpractice?
In cases of medical malpractice, the statute of limitations may be longer. The three-year statute of limitations starts upon the date of discovery, not the date of death. However, you have a six-year limit for filing legal action.
What Is the Wrongful Death Statute of Limitations in South Carolina for Claims Against the Government?
In some cases, a wrongful death suit against the government must be filed on an expedited timeline. A skilled personal injury lawyer can help you understand the time limit for any legal action you are considering.
What Happens if You Miss the Statute of Limitations in South Carolina?
According to S.C. Code § 15-3-530(5), you have three years after the date of death to file a wrongful death lawsuit in South Carolina. If you miss the statute of limitations, you risk losing your right to pursue a lawsuit. A court will likely dismiss your case.
This is a good reason to speak to a personal injury lawyer in South Carolina whenever you are considering a lawsuit. We can make sure your case proceeds as required by law and that you don’t make mistakes that compromise your legal rights.
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What Damages Can You Recover in a Wrongful Death Suit?
Wrongful death cases can range from thousands of dollars to millions. How much you may be able to recover after the death of your loved one depends on a wide range of factors. While every case is different, some things a court may consider include:
- Loss of financial support when the decedent leaves behind family who depended on their income
- Wages lost during the time between the accident and death
- Medical expenses accrued prior to death
- Funeral and burial expenses
- Loss of consortium regarding a surviving spouse
- Pain and suffering
- Property damage
- Emotional distress
- Mental anguish
While rare, in some cases, a court may impose punitive damages on the defendant. This is meant to deter similar behaviors in the future when the defendant has acted with extreme negligence or recklessness.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, only specific individuals may file a wrongful death case. Typically, this is the deceased’s representative, as outlined in the will as the executor of the estate.
People who are eligible to recover damages include:
- Surviving spouses
- Surviving children
- Parents of the deceased, if the deceased did not have a surviving spouse or child
- Heirs of the deceased, if the deceased did not have surviving parents, spouse, or children
Can You File a Wrongful Death Suit Without a Lawyer in South Carolina?
You have the right to file a lawsuit on your own; however, without the experience and guidance of a skilled personal injury lawyer, you are unlikely to recover the total compensation you are entitled to.
Cost is often a concern. Our attorneys work on a contingency fee basis for personal injury cases, meaning we deduct our expenses from your final award. This makes our services affordable for almost anyone who needs them.
Get Help With Your South Carolina Wrongful Death Claim
When a loved one passes away unexpectedly, it is always difficult. When it happens because of the reckless or negligent actions of another person, it makes sense that you would want to take action. A wrongful death lawsuit is one way to hold liable parties accountable for their deeds.
Understanding the wrongful death statute of limitations in South Carolina means you can meet deadlines and ensure your case remains in good standing. A South Carolina personal injury lawyer can help you fight for the compensation your family deserves.
At John Foy & Associates, our team has recovered over $1 billion for personal injury victims. Contact us today for a free case evaluation and tell us your story.
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