What Families Should Know After Losing a Loved One in An Accident

The loss of a loved one can be distressing, but even more so when it is caused by another’s negligence. SC Code §15-51-10 defines wrongful death as the “wrongful act, neglect, or default of another.” State law has strict requirements when it comes to who can file a wrongful death claim, with claims having to be filed by the executor or personal representative of the estate.

No matter the circumstances behind your loved one’s death, successful recovery can help family members with funeral and burial costs, lost income, and childcare and household services that are now needed. If your family member recently died at the hands of another, our Anderson, SC wrongful death lawyer at Bradley Law would like to hear from you.

Elements of a Wrongful Death Claim in Anderson, SC

A successful wrongful death claim involves proving the following:

• The defendant owed the deceased a legal obligation to use reasonable care
• Through that person’s wrongful act, neglect, or default, the defendant caused your family member’s death
• Damages were incurred because of your loved one’s death.

Personal Representative Must File a Claim; Family Members Benefit

In South Carolina, the personal representative (executor) of the deceased’s estate has the legal authority to file a wrongful death claim. If your family member died without a will, then the probate court will appoint an estate administrator who takes on the role. If the personal representative refuses to file a claim, interested beneficiaries can petition the court to remove them in accordance with SC Code §62-3-611.

According to SC Code §15-51-20, beneficiaries of a wrongful death claim include:

• Spouse
• Children (SC Code §15-51-30 provides children born out of wedlock the same legal rights as children born in lawful wedlock)
• Parents of the deceased when the deceased had no surviving spouse or children
• Heirs at law, if the spouse, children, or parents have predeceased the decedent

Statute of Limitations for Wrongful Death Cases

Generally, a wrongful death claim must be filed within three years of the decedent’s death. Although this may seem like a long time, it can go by quickly, making it important that you act immediately. Under the South Carolina Tort Claims Act, the statutory deadline is shortened to two years if the death involved a government entity or employee. Nevertheless, if you bring your case to court after the limitation period expires, you risk being barred from recovery. Even if you believe the limitation period has passed, you should reach out to our wrongful death attorney at Bradley Law since certain circumstances may permit you more time.

Reach Out to Our Anderson, SC, Wrongful Death Attorney Today

Losing a family member unexpectedly is devastating enough without having to navigate South Carolina’s legal system alone. If your loved one’s death was caused by another person’s ineptitude or carelessness, you may be entitled to compensation for your loss. To gather information surrounding your loved one’s death and better understand your legal options, our Anderson, SC, wrongful death attorney is here to assist you. To arrange your free consultation, reach out to Bradley Law today online or by phone.