If a family member passes away due to another person’s misconduct, you have the right to take legal action. A wrongful death lawsuit can provide compensation for everything from funeral expenses to lost income. Since the legislation varies between states, it’s prudent to consult a local lawyer when considering such a case. In Rock Hill, SC, residents turn to the attorneys at Love-Slovan Law, LLC, for essential guidance during this challenging time. Here, they answer a few questions on the topic.
Common Concerns About Wrongful Death Lawsuits
What Defines Wrongful Death?
To meet the criteria for wrongful death in South Carolina, you must prove that the deceased’s passing was due to a personal injury caused by another person who acted negligently. For instance, if a loved one was killed in a car crash because another driver was drunk and driving recklessly, you would have grounds for a claim.
Which Family Members May Benefit?
Potential beneficiaries include a surviving spouse and children—or parents if the decedent was unmarried and had no kids. If there are no such close relatives, then heirs-at-law of the deceased become eligible.
Who Can File a Lawsuit?
The family members named above can receive damages from the wrongful death lawsuit, but they can’t necessarily file it themselves. South Carolina law requires an executor or administrator of the deceased’s estate to formally do so on their behalf.
When Should You File?
Every state has a statute of limitations for filing wrongful death lawsuits. In South Carolina, you must do so within three years of the deceased’s passing.
How Much Money Can You Expect?
Each case varies, though damages often cover funeral expenses, lost wages and employment benefits, medical expenses incurred before the death, and harm to relevant property—such as a destroyed car. Compensation can also be claimed for emotional elements, such as loss of the deceased’s companionship, and pain and suffering of the surviving family.
Wrongful death lawsuits are complex and emotionally taxing. The lawyers at Love-Slovan Law, LLC, will help you amass the necessary evidence and build the strongest case possible to secure maximum damages. With over 20 years of experience, this law firm is known for the compassionate counsel and aggressive representation it gives its clients. Request a free consultation using the online form or by calling (803) 326-0000 today.