- Key Takeaways
- What Constitutes a Wrongful Death in South Carolina?
- Who Can File a Wrongful Death Suit in South Carolina?
- Examples of a Wrongful Death Claim
- How Can Our South Carolina Wrongful Death Attorneys Help?
- Why Choose Patrick, Lewis & Watts?
- Wrongful Death is a Tragic Loss. Let Us Help.
- Frequently Asked Questions
to Help
South Carolina Wrongful Death Attorneys
- Key Takeaways
- What Constitutes a Wrongful Death in South Carolina?
- Who Can File a Wrongful Death Suit in South Carolina?
- Examples of a Wrongful Death Claim
- How Can Our South Carolina Wrongful Death Attorneys Help?
- Why Choose Patrick, Lewis & Watts?
- Wrongful Death is a Tragic Loss. Let Us Help.
- Frequently Asked Questions
Key Takeaways
- Losing a loved one to a catastrophic accident or intentional act is a devastating event, especially when the loss was preventable.
- Individuals eligible to file a wrongful death lawsuit in South Carolina include spouses and children. If there is no spouse or child, parents can file, and if no one else, then formally named heirs can do so.
- Working with an experienced South Carolina wrongful death lawyer can help you hold the responsible party accountable for their actions, obtain justice, and help you find a level of closure.
Losing a loved one, under any circumstances, is a devastating event. For many victims, it is more traumatic when they discover the evidence shows the death of their family member was preventable and only happened because of negligence.
Experiencing a wrongful death due to the recklessness of another’s behavior or poor decision-making is an agonizing and life-altering experience. Facing incredible pain, along with the idea of living a future without your loved one, is difficult to process.
The caring and compassionate attorneys at Patrick, Lewis & Watts understand losing someone close to you is extremely difficult. Our wrongful death attorneys will help you take legal action and hold the at-fault party responsible for their negligence.
What Constitutes a Wrongful Death in South Carolina?
South Carolina considers a wrongful death a circumstance where a person suffers fatal injury due to the “wrongful act, neglect, or default of another.” If a party commits an act or behavior leading to the death of another person, they may be liable.
To prove wrongful death, the victim’s family must demonstrate their family member did not survive the incident, their death is a result of the at-fault party’s negligence, and, had the victim survived, the at-fault party could be subject to a personal injury lawsuit for damages.
Who Can File a Wrongful Death Suit in South Carolina?
South Carolina law is specific about who can file a wrongful death lawsuit. Only certain family members are primarily eligible, but in some cases, other individuals may be able to file.
- Surviving spouse and children: Spouses and children are the first individuals who can file a lawsuit for wrongful death against the negligent party.
- Parents of the deceased: If the deceased did not have a spouse or child, then their parent is eligible to sue the at-fault party for wrongful death.
- A formally named heir: In the event the victim of the wrongful death had prepared their estate, then a named beneficiary (a person named in a last will and testament, to inherit property or money) can sue for wrongful death if there is no spouse, child, or parent to do so.
Examples of a Wrongful Death Claim
Tragic and fatal accidents that can lead to wrongful death include, but are not limited to:
- Car accidents
- Driving under the influence
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Medical malpractice
- Premises liability
- Nursing home abuse
- Defective products
How Can Our South Carolina Wrongful Death Attorneys Help?
Facing the future without your cherished family member is a devastating notion. Working with an understanding and compassionate personal injury lawyer can help. They can assist in managing the legal aspects associated with a wrongful death accident and be there for you to help with your family’s well-being during this difficult time.
It is unfortunate, but insurance companies rarely try to do what is right for accident victims. They may reach out with an initial offer, but it is likely not going to be a fair one. Their job is to pay recipients as little as possible and, in many cases, will short people in wrongful death cases.
You do not have to face the legal system alone. You have the right to obtain legal representation. The wrongful death lawyers at Patrick, Lewis & Watts are well-versed in South Carolina personal injury laws. They can serve as negotiators with insurance companies to keep insurers from trying to take advantage of you at such a vulnerable time.
Our compassionate attorneys will work to see your family receive justice for the loss of your loved one, and if we cannot reach a fair settlement, we will take the case to court.
Why Choose Patrick, Lewis & Watts?
At Patrick, Lewis & Watts, you will immediately see a difference from other law firms. At our initial free consultation, you will find we are attentive and active listeners to your story. We want to hear the circumstances of your case, gain your perspective, and then share our honest assessment.
Clients often choose our attorneys to represent them because they know they can depend upon our honesty, hard work, compassionate personalized client services, and accessibility. Should you choose us, you can rest assured you will not be dealing with call centers, automated forms, and other forms of impersonal communication. Growing a trustworthy attorney-client relationship is a top priority in our law firm.
If you want a law firm that cares about your case and puts you first, call the legal team of Patrick, Lewis & Watts. We are here to help you.
Wrongful Death is a Tragic Loss. Let Us Help.
No amount of money can make right the tragic loss of someone you love, but pursuing compensation can help your family receive justice and secure financial support for your family’s future.
Patrick, Lewis & Watts is here for you to aid your personal representative and provide legal advice. Our Greenville law firm brings more than 100 years of combined service.
Our law firm’s clients are our neighbors, and your well-being matters to us. Call Patrick, Lewis & Watts for a free case evaluation at 864-240-5500 or fill out our online contact form, and our Greenville office will get right back to you. Let us take the burden of handling the legal details.
Frequently Asked Questions
The value of wrongful death cases varies depending on the facts of each case. The surviving spouse receives one-half of the settlement, and the rest is split equally among surviving children. If there are no children, then the spouse receives the full settlement, and if there is no spouse, then the children receive the full amount in equal shares. If there is no surviving spouse or children, then the parents receive the settlement.
The primary difference between a wrongful death action and a survival action is who receives compensation. Compensation awarded for wrongful death claims goes to the deceased person’s surviving family members. This money is meant to help compensate them for what they have lost because of their loved one’s death.
Survival actions are taken on behalf of the victim and are compensation the decedent would have received had they lived. Usually, survival actions are taken when victims initially survive an incident and succumb to injuries at a later time, but not before enduring pain, suffering, emotional anguish, and likely significant medical expenses. Damages are paid to the deceased person’s estate which will then pass onto their beneficiaries.
Surviving family members can pursue economic and non-economic damages in a wrongful death claim, so long as they do so before the statute of limitations expires.
Economic damages can include medical bills, funeral expenses, and other financial losses. Non-economic damages can include mental anguish, loss of companionship, emotional distress, and other non-monetary losses grieving families suffer.
Unlike the bills associated with medical and funeral costs, non-economic damages can be difficult to calculate. During the legal process, an experienced personal injury attorney can help determine these losses resulting from a person’s death.
Case Examples
$1,000,000+
$3,000,000
$3,000,000
$500,000
Written By Rusty Patrick
Rusty is licensed to provide that service in South Carolina courts and in the federal District Court for the District of South Carolina. He is a member of the South Carolina Bar Association, the Greenville County Bar, and the American Bar Association.
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