Wrongful Death
South Carolina Wrongful Death Attorneys
Helping Those Affected by Wrongful Death in North Augusta & All South Carolina
Personal injury litigation provides accident victims and their families with a way to recover compensation for their medical bills and other damages, and to hold responsible parties accountable. Sadly, accidents are sometimes fatal. The loved ones of the deceased are left with expenses, as well as the significant emotional impact. In these cases, a wrongful death claim can provide resources to compensate for these losses.
The Columbia wrongful death lawyers of Woron and Dhillon, LLC are here to help if you have lost a loved one because of another person’s negligence. We understand that no amount of money can ever truly compensate you for this great loss, but legal action can alleviate some of the damages caused by negligence and ensure those who are responsible are held liable. We are here to guide and support you during this difficult time.
Call (803) 626-1345 or send us a message to schedule a free consultation with our legal team.
Wrongful Death Laws in South Carolina
Every state has its own laws concerning wrongful death litigation. In South Carolina, the terms of wrongful death cases are defined in Section 15-51-10 of the state’s laws.
The law states, “Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.”
What are Some Examples of Wrongful Death?
The loss of a loved one can not only cause you emotional pain, but also financial burdens. This is especially true when the loved one died because of someone else’s negligence. Wrongful death can be caused by a number of things, including:
- Car accidents
- Accidents at work
- Defective products
- Pedestrian and bicycle accidents
- Medical malpractice
- Pharmaceutical malpractice
South Carolina’s Wrongful Death Statute of Limitations
The statute of limitations for wrongful death cases also varies by state. The statute of limitations is a time period in which claims can be filed and will be viable under the law.
In South Carolina, wrongful death claims must be filed within 3 years of the victim’s death. A wrongful death claim that is filed outside of this window will most likely be denied. It is essential to file a wrongful death claim as soon as possible if you believe your loved one’s death was caused by another person’s negligence.
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Who Can File a Wrongful Death Claim in South Carolina?
States regulate who is able to file wrongful death claims as well. The only person who can file a wrongful death claim in the state of South Carolina is an administrator of the deceased person’s estate. An estate administrator may be a non-relative such as an attorney, but can be a relative of the deceased person as well. Often, the administrator is identified in a will or other estate documents.
Although the administrator is the only person who can file a claim, the compensation that is recovered through the case will be distributed to the deceased person’s family. The people who can receive compensation include the people who were most financially and emotionally connected to the victim, such as spouses, parents, children, and other family members, as well as heirs who were specified in the deceased person’s will.
The Wrongful Death Claims Process
To start, your wrongful death case must meet the criteria outlined above: The death must have been caused by another person’s negligence, no more than 3 year must have passed since the death, and the administrator of the estate must be prepared to file a claim and provide compensation to the deceased person’s family and heirs.
The Columbia wrongful death lawyers of Woron and Dhillon, LLC can help you manage the complexities of filing a claim. We can assist you with collecting evidence, completing paperwork, and resolving end-of-life affairs.
Why File a Wrongful Death Suit?
The loss of a loved one can be a trying and emotional time, especially if your loved one passed unexpectedly due to a wrongful death. Filing a wrongful death suit isn’t just about getting the compensation your family deserves, it’s about holding those responsible accountable for the death.
Contact the Attorneys at Woron and Dhillon, LLC Today!
We are available to speak about your case for free. It is our goal to ensure you are fairly compensated for the financial and non-economic damages caused by your loved one’s untimely death, and that those responsible are held accountable for their negligence.
For a free consultation with our wrongful death attorneys in Columbia, complete our contact form or call (803) 626-1345.
Columbia Wrongful Death Accident Lawyer FAQs
If you have recently lost a loved one due to someone else’s negligence, you may be considering using a Columbia wrongful death accident lawyer to file a wrongful death claim. It is understandable that you may have many questions about the process. To help answer these questions, we have put together a list of frequently asked questions about wrongful death claims and how a wrongful death accident lawyer can assist. Then, contact a lawyer at Woron and Dhillon, LLC for help.
What Is the Statute of Limitations for Filing a Claim?
Under South Carolina law, the statute of limitations for filing a wrongful death claim is three years from the date of death. While there are certain exceptions to this rule, such as fraud or duress, the three-year period generally applies. It is important to note that if there is more than one person filing a claim against the same defendant, then the claim must be filed within three years of the first claimant’s filing date. If you are considering filing a wrongful death claim in South Carolina, it is important to speak to an experienced Columbia wrongful death accident lawyer as soon as possible to ensure that your claim is filed before the statute of limitations expires.
How Do I Know if My Claim Is Valid?
If you are uncertain, the best way to find out is to speak with an experienced lawyer. A qualified attorney will be able to assess the facts of your case and help determine whether or not you have a valid claim. In order to prove a wrongful death claim, there must be proof that someone’s negligence or intentional wrongdoing caused the death of your loved one.
Do I Need an Attorney to File a Claim?
The answer to this question is yes, absolutely. An experienced lawyer can help you navigate the legal system and ensure that you get the compensation you deserve. They can review the details of the accident, build a strong case on your behalf, and represent you in court if necessary. Additionally, an attorney can help ensure that all deadlines are met and can assist in resolving any issues that may arise during the claim process. With their expertise, they will be able to provide you with the best advice and support to help you receive the maximum amount of compensation.
Who Is Eligible to File a Claim?
In order to file a wrongful death claim, the following criteria must be met: the representative of the deceased person’s estate must have sustained financial losses due to their passing, such as funeral and burial expenses, medical bills, and lost wages or future income. This representative can include the surviving spouse, children, parents, or personal representative of the deceased’s estate. In some cases, extended family members such as siblings may be eligible to file a claim if they can prove they suffered a financial loss. It is important to note that if the deceased person was single and had no children, only their parents may be eligible to file a claim.
Contact a Columbia wrongful death accident lawyer at Woron and Dhillon, LLC for help.
“I highly recommend Brett Woron. He goes above and beyond for his clients. If you are seeking an attorney, he is the one.”
“I highly recommend Brett Woron. He goes above and beyond for his clients. If you are seeking an attorney, he is the one.”
“I highly recommend Brett Woron. He goes above and beyond for his clients. If you are seeking an attorney, he is the one.”
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