Wrongful Death Attorney
in South Carolina

Do you need a wrongful death attorney in South Carolina?

Why not hire a wrongful death attorney in South Carolina who covers the entire state, so you don’t have to worry about “home cooking”? Why not hire a lawyer who gets experts from across The Country who are tops in their fields? Doesn’t your family deserve that kind of no-nonsense representation?

Call your wrongful death attorney in South Carolina, David L. Hood now!

Losing someone is never easy, and dealing with the legal aspects of wrongful death can be overwhelming. By understanding wrongful death claims, the different types of damages, and the filing process, families can be better prepared to seek the support they deserve. It’s all about finding some sense of balance and fairness when faced with a heartbreaking loss.

Table of Contents

1. What is wrongful death?
2. What qualifies as wrongful death?
3. Wrongful death SC
4. How do you prove wrongful death?
5. Elements of a wrongful death claim
6. Wrongful death damages
7. Common causes of wrongful death
8. Who can bring a wrongful death claim?
9. How long do you have to sue for wrongful death?
10. How to file a wrongful death lawsuit
11. Frequently asked questions
12. Wrongful death attorney in South Carolina
13. Blog posts related to wrongful death

What is wrongful death?

Losing someone you care about is one of the hardest things that can happen. When a person dies because of someone else’s mistake or negligence, it can feel even worse. This kind of situation is often called “wrongful death.”

Wrongful death happens when someone dies because of what another person or a company did wrong. This could be because they were not careful enough or did something illegal. For example, when a car accident happens because someone was driving way too fast, or a doctor makes a major mistake during surgery, these could be cases of wrongful death.

What qualifies as wrongful death?

Wrongful death refers to a legal claim that arises when an individual dies due to the negligence or wrongful act of another party. Of course, a wrongful death attorney in South Carolina can never help you get your loved one back. However, a wrongful death claim allows the estate or those close to the deceased to file a lawsuit against the party who is legally liable for the death.

Wrongful death SC

Each state in the U.S. has its own rules about wrongful death. The Wrongful Death Act in South Carolina Code of Laws Unannotated defines wrongful death as one that is caused by the “wrongful act, neglect, or default of another”. The “wrongful act, neglect, or default” must be the type of action that even if death had not occurred, it still would have entitled the injured person to recover damages from a personal injury lawsuit.

How do you prove wrongful death?

If you think a loved one’s death was caused due to someone else’s fault, you might be considering a wrongful death lawsuit. But how do you prove it was actually wrongful?

Elements of a wrongful death claim

The following must be proven for a wrongful death claim to be successful:

• Duty of care – The defendant had to owe your loved one a duty of care. For example, a healthcare professional must provide care that meets the average standards of the medical profession in South Carolina.
• Breach of duty – The defendant breached that duty of care by being negligent. For example, when the healthcare professional misdiagnoses cancer as a lung infection, which causes your loved one’s death.
• Causation – The breach of duty resulted in your loved one’s death. Comprehensive investigation and review of all the medical records may be needed to determine causation. Also, the opinion of a medical expert is needed in South Carolina.
• Damages – You and/or your family must have suffered damage as a result of your family member’s death. Damages can also consist of lost wages, medical bills and pain and suffering.

Proving these points can be tough and requires gathering lots of evidence. This might involve getting police reports, medical records, and witness statements. It also often means hiring experts to testify about what happened. This is why it’s so important to hire a wrongful death attorney in South Carolina. Call The Law Offices of David L. Hood now!

Wrongful death damages

Talking about money after someone dies might feel wrong. However, the compensation from wrongful death damages can provide crucial support to families. It helps cover expenses they weren’t expecting. And it can provide financial security when they’re grieving and adjusting to life without their loved one. Also, this compensation holds the person or business responsible for the wrongful death accountable for their actions.

Damages in a wrongful death case – the money that the insurance company or the person or entity at fault gives to the family of the deceased. There are a few different types of wrongful death compensation that can be included in a claim:

Pecuniary Damages

1. Economic Damages:
   Medical Expenses – These cover any medical costs that the deceased had because of the injury before they died.
   Funeral and Burial Costs – This includes the money spent on the funeral and burial, which can be quite high.
   Loss of Income – If the person who died was earning money, their family could get money for the income lost due to their death.
   Loss of benefits – This can include medical insurance, pension, and lost financial support.
   Loss of inheritance – Money or property someone might have inherited from the deceased if they had lived longer.
   
2. Non-Economic Damages:
   Pain and Suffering – This is a bit harder to measure. It’s about the pain and emotional distress the deceased experienced before they died.
   Loss of Companionship – The loss of the relationship. For example, the love and friendship that family members miss because their loved one is no longer there.
   Loss of care and protection – The loss of guidance, advice, training, nurturing, and care from the deceased loved one.
   Loss of consortium – Compensation for the spouse of the deceased due to the loss of the physical marriage relationship.
   Mental anguish – High levels of emotional distress caused by the death. This can include feelings of anxiety, depression, grief, and/or hopelessness that come from losing your loved one.

Punitive Damages

These damages aren’t always given. Punitive damages are meant to punish the person or entity who caused the death if they were grossly negligent or caused the death intentionally. For example, a driver was experiencing road rage or driving drunk when he caused an accident, killing your loved one.

Common causes of wrongful death

• Car Accidents – If a driver is not paying attention, is driving too fast, or breaks traffic laws, they can cause accidents that might lead to someone’s death. For example, if a driver is texting while driving and hits another car, leading to a fatality, the family of the person who died might file a wrongful death claim.
• Truck Accidents – Each year in South Carolina, tractor-trailers are involved in over 900 injury collisions and about 60 fatal crashes.
• Motorcycle Accidents – The open road can lead to much more serious injuries (or death) in an accident, which is normally not the fault of the motorcycle driver.
• Medical Malpractice – Medical malpractice occurs when a healthcare professional provides improper treatment, misses a diagnosis, or is careless in a way that harms a patient. In South Carolina, you typically have to show that the victim received below the standard of reasonable care in The State. For example, if a doctor fails to diagnose a serious illness like cancer, and the patient dies because the illness was not treated in time, the family might have a wrongful death claim.
• Birth Injuries – Birth injuries can happen before, during or shortly after a child is born. They are more likely to occur when certain factors come into play, such as:
  • A failure to monitor or act on fetal distress
  • Not planning for a C-section
  • The use of excessive force during delivery
  • Misusing instruments during delivery
  • Lack of blood or oxygen to the brain
  • Exposure to bacteria
  • Breathing distress
  • Placenta previa
• Nursing Home Abuse – Sadly, about 10% of nursing home residents will be the victims of abuse or neglect. Examples of abuse/neglect that can lead to death: falls, drug errors, lack of food or water, assaults, attacks, sepsis, infections, doctor errors, bed sores, and choking on vomit. 
• Workplace Accidents – People sometimes have dangerous jobs, like working in construction or factories where heavy machinery is used. If an employer doesn’t keep the workplace safe, or the victim is killed by a defective product, it can lead to death and accidents. For instance, if a worker falls from scaffolding because the safety measures were not adequate, this could be a case for a wrongful death claim if the worker dies from the injuries.
• Product Defects – If a product has a defect that makes it dangerous (like a car whose brakes don’t work properly), and this defect causes a death, the manufacturer can be held responsible. The family of the deceased may be able to file a wrongful death claim to seek compensation for their loss.

Who can bring a wrongful death claim?

Not everyone can sue for wrongful death. In South Carolina, the executor or administrator of the deceased person’s estate is the only person who can file a wrongful death claim. If there is no executor or administrator, the court should appoint one.

Any damages recovered will go to the deceased person’s family members in this order if there’s not a Will. If there is a Will, then the Will dictates who gets what.

1. Surviving spouse and children
2. If there is no spouse and no children, compensation goes to the deceased’s surviving parents.
3. If there are no parents, spouse, or children, compensation will go to the deceased’s heirs.

How long do you have to sue for wrongful death?

You might wonder why there’s a time limit to bring a lawsuit. The reasons include:

• Fairness to the defendant: Over time, it becomes harder for everyone to remember exactly what happened and for evidence to be preserved. The time limit helps make sure that the case is based on clear, recent information.
• Closure: It also helps families move forward by encouraging them to deal with legal matters promptly.

A statute of limitations is the deadline for filing a lawsuit. It’s important to act within that timeframe.

The statute of limitations clock starts running from the date of the person’s death (not the date when an injury was sustained that led to the death). Once this period expires, you can no longer bring a lawsuit forward.

South Carolina wrongful death statute of limitations

In South Carolina, the statute of limitations for wrongful death claims is two to three years, depending on who the at-fault party is:

• Two years if you’re suing the government, like a county hospital or MUSC.
• Three years if it’s a company like Ford.

There are exceptions, like when the malpractice isn’t discovered for several years, or the wrongful death involves a minor.

If you are thinking about filing a wrongful death lawsuit, don’t wait! The longer you wait, the higher the chance of critical evidence being lost or destroyed before the statute of limitations expires. Call your wrongful death attorney in South Carolina, David L. Hood now so we can get to work for you!

How to file a wrongful death lawsuit

Because proving wrongful death can be so complicated, it’s really important to get help from a lawyer who focuses in this area. Let your wrongful death attorney in South Carolina, The Law Offices of David L. Hood and co-counsel guide you through the process, help gather evidence, and represent you in court if necessary.

Frequently Asked Questions:

Wrongful Death Attorney in South Carolina, David L. Hood

These are extremely difficult, emotionally, and financially draining times. Let The Law Offices of David L. Hood get justice for you, so you have time to heal. Attorney Hood has been taking the bad guys to court for over 30 years. Our approach is to identify everything you may be entitled to recover and then work hard to get you justice.

During this very tough time, why not contact the caring people at The Law Offices of David L. Hood to find out the best way to move forward, so you can focus on healing and leave the litigation to us and our co-counsel legal team?

If you need answers, we’d be happy to listen and answer your questions. And there’s never a fee for an initial consultation.

Blog posts related to wrongful death:
Fatal Car Accidents in America Skyrocketing
Pedestrian Deaths in US at 41-Year High
SCDC Inmates Die at High Rate
Death by Negligence