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How Do Wrongful Death Claims Work in South Carolina?

  • Losing a loved one is painful, but if someone else caused the death, it can be especially difficult to recover from the loss. Someone else’s actions took your loved one away before his or her time. You may feel the need to take action to get compensation and justice for the death.

    But every state handles wrongful death claims differently, so you may need help getting the full compensation you and your family need. If you’re not sure how a wrongful death claim works in South Carolina, an attorney can guide you through the process. Don’t hesitate to get the help you need after a loved one dies due to another person’s negligence.


    You’ll Need a Representative

    First, you’ll need to determine who’s eligible to file a claim for your loved one’s death. Wrongful death claims are more complex than personal injury lawsuits because the injured party isn’t the one who files the claim. Instead, another member of the family or person connected to the estate will need to take the claim and fight for fair compensation.

    In South Carolina, the executor or administrator of the deceased’s estate will be in charge of filing the claim. This person will be the only party able to bring the claim to court. But this doesn’t mean you and the rest of the family won’t receive compensation.

    Instead, the executor will seek compensation on behalf of eligible family members. This may include spouses, children, or parents. If you’re one of these members of the family, or if you believe you should receive compensation for your loved one’s death, contact a lawyer.


    Damages Available for Wrongful Death Claims

    When you’re preparing for a wrongful death claim, you’ll also need to know what options you have for compensation. Losing a family member is difficult, and your compensation should reflect all the losses you’ve suffered.

    South Carolina allows both economic and non-economic damages to be awarded for wrongful deaths. This means that your family can pursue not just the financial losses from the accident, but also the emotional hardships that come with a death in the family.

    The following is a sample of the damages your family could receive compensation for:

    • Burial expenses
    • Related medical expenses
    • Loss of companionship
    • Lost wages
    • Pain and suffering


    Help from an Attorney

    Wrongful death claims can be complex, so you’ll need to know how they work before you get started. Fortunately, you and your family don’t have to act alone.

    If you’re struggling with your claim, contact a lawyer from HawkLaw, PA. Our attorneys can help you get the full compensation you and your family need by guiding you through the wrongful death claim process. To get started with a free consultation, reach out today. Give us a call at 1-888-HAWK-LAW (429-5529) or visit us online.