What Is a Wrongful Death Claim?
A wrongful death claim is a civil action filed when a person’s death is caused by the negligence, recklessness, or intentional actions of another party. In South Carolina, these claims are meant to provide compensation to surviving family members for the financial and emotional harm they suffer as a result of the loss.
Examples of incidents that may give rise to a wrongful death claim include:
- Fatal car, truck, or motorcycle accidents
- Nursing home abuse or neglect leading to death
- Train derailments or grade crossing accidents
- Workplace accidents or exposure to unsafe conditions
- Medical negligence or dangerous products
Each case is unique, but the underlying purpose is the same: to hold negligent parties accountable and help families find some measure of justice.
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina law, wrongful death claims must be brought by the executor or administrator of the deceased person’s estate, typically on behalf of the surviving spouse, children, or parents. If no family members survive, the estate’s heirs may be entitled to recover damages.
Our firm provides clear guidance on eligibility and helps families navigate the legal process with compassion and care.
Types of Compensation in Wrongful Death Cases
While no amount of money can replace your loved one, financial recovery can help ease the burdens that follow a tragic loss. Families may be entitled to compensation for:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of the deceased person’s financial support
- Loss of companionship, guidance, and care
- Pain and suffering experienced by surviving family members
In some cases, punitive damages may also be awarded if the responsible party’s actions were reckless or intentional.
Proving Wrongful Death
To succeed in a wrongful death claim, it must be shown that:
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The defendant owed a duty of care to the victim.
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The defendant breached that duty through negligence or misconduct.
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The breach directly caused the victim’s death.
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The family suffered measurable damages as a result.
At The Washington Law Firm, LLC, we thoroughly investigate wrongful death cases, gathering evidence such as accident reports, medical records, expert testimony, and witness statements. We build strong claims that hold negligent parties accountable and pursue justice for families.
