How Do I Know if I Have a Valid Wrongful Death Claim in SC?

Nothing is worse than losing a loved one prematurely and as a result of someone else’s negligence. Cases of wrongful death can occur in auto accidents, slip and falls, or even at the hands of negligent medical professionals. If you recently lost your loved one, our Darlington County, South Carolina wrongful death lawyer is here to fight for you. Read on and contact us today to learn more about these cases, whether you qualify, and how our legal team can get the justice you and your family deserve. Here are some of the questions you may have:

What Constitutes a Valid Wrongful Death Claim in South Carolina?

To win a wrongful death claim of any kind, you’ll need to prove that your loved one lost their life as a direct result of someone’s negligent or reckless action. You must prove that the individual would have a valid personal injury claim, had he or she survived the injury. You should note that the only people who can file a wrongful death claim are the decedent’s spouse and children. If the decedent doesn’t have a spouse or children, their parents may file a claim. If the decedent has no spouse, children, or parents, the decedent’s heirs may file the claim.

What Compensation May I Recover?

As long as you can satisfy the burden of proof in your wrongful death claim, you should receive compensation to help you deal with the financial and emotional damages you’ve incurred as a result of losing your loved one. Compensation in a wrongful death claim can cover the cost of funeral/burial expenses, the cost of medical care your loved one received prior to death, grief and sorrow, the loss of society and companionship, and more.

How Long Do I Have To File My Claim?

In South Carolina, families of wrongful death victims are required to bring their wrongful death claim within three years of the date the death occurred. If you wait longer than three years, you most likely will permanently lose your right to sue. We know this is a difficult time in your life, and we are here to do everything we can to make the process move along as smoothly as possible. If you have any additional questions or need an attorney who can fight for you, contact the James Law Office, LLC today.

Contact Our Experienced South Carolina Firm

James Law Office handles a wide array of personal injury claims, including injuries sustained in auto accidents, slip & fall accidents, and more. Contact our firm today.