South Carolina Wrongful Death Attorney:

Justice for Your Loved Ones

When Negligence Leads to the Unthinkable

Losing a family member is a devastating experience, but when that loss is caused by the carelessness or misconduct of another, the grief is often compounded by a sense of deep injustice. Whether a life was cut short by a reckless driver, a medical error, or a workplace tragedy, the void left behind is permanent. While no amount of compensation can replace a person, a wrongful death claim is a vital legal tool used to hold responsible parties accountable and provide the financial support surviving family members need to move forward.

At The Law Offices of David L. Hood, we treat your loss with the gravity and compassion it deserves. We don’t just see a case file; we see a family whose future has been altered. With over 30 years of experience, attorney David L. Hood and his co-counsel legal team take a “no-nonsense” approach to wrongful death litigation. We utilize national experts to build a rock-solid case, ensuring that your family isn’t just another number to the insurance companies. We fight to bring balance and fairness back to a situation that feels entirely unfair.

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Wrongful Death

What Qualifies as Wrongful Death?

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Under the South Carolina Wrongful Death Act, a claim exists when a death is caused by the “wrongful act, neglect, or default of another.” Essentially, if the deceased person would have been able to file a personal injury lawsuit had they survived, their estate is entitled to file a wrongful death action.

Common Causes of Wrongful Death Claims:

Motor Vehicle Accidents:
Including high-speed collisions, distracted driving, and DUI incidents involving cars, trucks, or motorcycles.
Medical Malpractice:
Fatal errors such as misdiagnosis, surgical mistakes, or medication overdoses.
Nursing Home Negligence:
When systemic neglect, falls, or medical errors lead to the death of a vulnerable senior.
Workplace & Industrial Accidents:
Fatalities on construction sites or in factories due to unsafe conditions or defective machinery.
Product Defects:
When a poorly designed or manufactured product—like a faulty tire or a dangerous toy—causes a fatal injury.
Who Can

File and Who Receives Benefits?

In South Carolina, the law is very specific about the “order of operations” for these claims:

1
The Filer:
Only the Executor or Administrator of the deceased person’s estate can technically file the lawsuit. If no such person exists, the court will appoint one.
2
Trace the History:
Any recovered damages are distributed according to the law or a valid Will. Generally, the order of priority is: Surviving spouse and children. If no spouse or children, then the surviving parents. If no parents, then the legal heirs of the deceased.
Proving the Case:

The Four Elements

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To succeed in a wrongful death claim, we must prove four key points to the court:

Duty of Care:
The defendant had a legal obligation to act with reasonable care (e.g., a driver must follow traffic laws).
Breach of Duty:
The defendant failed to meet that obligation (e.g., they were texting while driving).
Causation:
This specific failure directly caused the death of your loved one.
Damages:
The surviving family members have suffered measurable losses (economic and emotional) as a result.
Understanding

Wrongful Death Damages

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Compensation in these cases is divided into three primary categories:

Economic Damages:
Coverage for tangible losses like funeral and burial costs, medical expenses incurred before death, and the loss of future income the deceased would have provided.
Non-Economic Damages:
Compensation for the "intangible" loss, such as mental anguish, loss of companionship, and the loss of protection or parental guidance.
Punitive Damages:
In cases of "gross negligence" (like a drunk driving accident), the court may award extra money to punish the defendant and deter others from similar behavior.
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Strict Timelines: The Statute of Limitations

In South Carolina, you must act quickly. The deadline to file a wrongful death claim is generally three years from the date of death. However, if you are suing a government entity (like a state hospital or a county-owned vehicle), that deadline is shortened to two years. Waiting too long can lead to the loss of vital evidence or the dismissal of your case.

Let Our Family Help Your Family

You focus on healing; we’ll focus on the litigation. From our principal office in Murrells Inlet to our 17 locations across South Carolina, we are ready to provide the aggressive, compassionate representation you need.

Contact The Law Offices of David L. Hood today or reach out online for a free, confidential consultation. We work on a contingency fee basis; you pay nothing unless we recover money for your family.

The Law Offices of David L. Hood’s principal office is located in Murrells Inlet, SC and that is where Attorney Hood principally performs legal services and practices law. This website constitutes attorney advertising and is designed for general information only. The information presented in this website should not be construed to be formal legal advice or create an attorney client relationship.
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