What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the survivors of a person who died due to another party’s negligence or intentional wrongdoing. To succeed in a wrongful death claim, the plaintiff must show that the defendant’s actions were the cause of death and that the death resulted in financial damages to the survivors.
Do I Need A Lawyer To Pursue A Wrongful Death Claim in Rock Hill, South Carolina?
You are not legally required to hire a lawyer to pursue a wrongful death claim in South Carolina. However, filing a lawsuit can be complex and challenging, especially if you are grieving the loss of your loved one. An experienced Rock Hill wrongful death lawyer can:
- Investigate the circumstances surrounding your loved one’s death
- Help you understand the legal process and what to expect
- Gather evidence to support your claim
- Determine the amount of compensation you can recover
- File insurance claims
- Negotiate with the insurance company or other parties involved in the case
- Fight for your rights in court, if necessary
If you have lost a loved one due to someone else’s negligence, contact The Law Offices of Jason E. Taylor today. We are here to help you so that you can focus on important things like healing and moving forward. Let our wrongful death attorneys handle the legal process while you take care of yourself and your family.
What Are The Benefits Of Filing A Wrongful Death Claim?
After losing a loved one, thinking about pursuing a wrongful death lawsuit may be the last thing on your mind. However, filing a claim can provide much-needed financial relief while you struggle to cope with your loss.
Filing a claim can also help you hold the responsible party accountable for their actions and prevent them from harming others in the future. If someone else’s negligence caused your loved one’s death, you have the right to seek justice on their behalf.
Requirements for Rock Hill Wrongful Death Claims
Not every loss of life gives way to a wrongful death claim. For such a case to be viable in Rock Hill, South Carolina, the following must be true:
- The death was caused by another party’s negligence or intentional wrongdoing
- The survivors are suffering financial damages as a result of the death
- The deceased person would have been able to file a personal injury lawsuit if they had lived
- The survivors are filing the case on behalf of the deceased person’s estate
- The survivors must file the claim within three years of death. If they do not, they will be barred from doing so and will not be able to recover any compensation.
The evidence we can gather to build your case includes:
- Medical records exhibiting the injury or illness that led to their death
- Witness testimony of the accident
- Photographs or video footage of the accident
- Expert testimony
- Your loved one’s death certificate establishing the cause of death
Who Can File A Rock Hill Wrongful Death Claim?
Under South Carolina law, a “personal representative” must bring a wrongful death claim on behalf of the victim’s estate. The personal representative is typically the person who serves as the executor of the deceased victim’s will. However, a court may appoint a personal representative if there is no will.
In South Carolina, while only the personal representative may file a claim, the following surviving family members may be able to recover from the wrongdoer or their insurance:
- The deceased person’s spouse
- The deceased person’s child or children
- The deceased person’s parents
- Legal heirs, who may include distant relatives, if there are no immediate family members
Who Can I Sue For My Loved One’s Death?
You can sue anyone whose negligence or intentional wrongdoing caused your loved one’s death. In most cases, this will be the person or entity responsible for their death. For example, if your loved one was killed in a car accident, you could sue the other driver. If a defective product kills them, you could sue the manufacturer. If a drunk driver killed them, you could sue the driver and potentially the bar or establishment that served them alcohol.
The amount of compensation you can recover in your claim will depend on several factors, including:
- The victim’s age
- The victim’s health before their death
- The victim’s earnings at the time of their death
- The victim’s life expectancy
- The amount of financial support the victim was providing to their dependents
- The survivors’ emotional anguish and suffering
- The cost of the victim’s funeral and burial expenses
If you have lost a loved one due to someone else’s negligence, contact The Law Offices of Jason E. Taylor. We will review your case for free and help you understand your legal options as you navigate your life without your loved one.
How Much Compensation Can I Recover In A Rock Hill Wrongful Death Claim?
Your loved one’s passing may have left you feeling overwhelmed and stressed. Not only are you grieving, but you may also be facing several financial challenges. If your loved one was the primary breadwinner in your family, you might be struggling to make ends meet. A wrongful death case can help ease your financial burden by providing compensation for:
- The victim’s medical bills
- The victim’s funeral and burial expenses
- The victim’s lost income and benefits
- The loss of the victim’s companionship, love, and affection
- The survivors’ emotional anguish and suffering
In some cases, you may also be able to recover punitive damages. Punitive damages are designed to punish the responsible party and deter them from engaging in similar egregious behavior in the future.
If you have lost a loved one due to someone else’s fault, contact The Law Offices of Jason E. Taylor to discuss your legal options.
Damage Caps in South Carolina
In South Carolina, there is no limit on the amount of economic damages you can recover in a wrongful death lawsuit. However, punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater.
The Time Limits for Wrongful Death Cases in South Carolina
In South Carolina, wrongful death law states the statute of limitations for wrongful death cases is three years from your loved one’s death date. This means you have three years from their death to file a lawsuit. You will be barred from recovering any compensation if you do not settle your loved one’s claim or file a lawsuit to protect the statute of limitations within this time frame. It is important to talk to your attorney about the statute of limitations in your particular case.
Contact a Wrongful Death Lawyer in Rock Hill, SC
No amount of money can truly make up for the loss of a loved one. However, filing a wrongful death suit can help ease your financial burden and hold the responsible party accountable for their actions.
If you have lost a loved one due to someone else’s negligence, contact The Law Offices of Jason E. Taylor to discuss your legal options. We offer free initial consultations and will not charge you any fee unless we recover compensation for you.
