When you have seen a loved one pass away and it has occurred due to negligence in South Carolina, the most important goal becomes to seek justice. You will want to hold the party responsible whether this is a reckless driver or negligent hospital or nursing home.
If that is what you are after then it is best to reach out to a skilled Aiken wrongful death lawyer such as our team. At Ted A. Greve and Associates, we are all about focusing on our client’s needs and will ensure the claim is in line with what you want.
Give our Aiken, SC personal injury attorneys a call at (844) 387-8677 today for a free consultation.
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How is Wrongful Death Defined in the State of South Carolina?
South Carolina Code of Laws section 15-51-10 defines wrongful death as a death caused by a “wrongful act, neglect or default.”
The real challenge of a wrongful death claim is knowing what the regulations are along with how it is defined in the state.
You will have to go through the various acts while also focusing at how it fits with the evidence in front of you.
These actions can include:
- Medical Malpractice
- Faulty Engineering/Construction
- Driving Under The Influence
- Pedestrian Accident Fatality
- Contaminated Food/Sanitation Problems
- Nursing Home Abuse
- Improper Alcohol Service
We realize this is a challenging bit of information to dissect and that is where our legal team comes into play at Ted A. Greve and Associates.
Call us at (844) 387-8677 and let us show you the way forward.
Who is Qualified to File A Wrongful Death Claim in South Carolina?
Under South Carolina law, a wrongful death claim must be filed by the administrator or executor of the deceased’s estate. This person is usually named in the estate plan. If there is no will, the court may name an administrator.
While the administrator or executor of the estate file the claim, the deceased’s surviving family members are the ones who recover the damages.
The first parties who can recover damages will be spouse and children are first in line. Surviving parents recover damages if there is no surviving spouse or children. If there the deceased has no living children, spouse, or parents, heirs at law can recover damages.
You will want to have Ted A. Greve and Associates ready to help when it comes to filing the claim. We can assist at (844) 387-8677.
What Types of Damages are Recoverable?
It is important to focus on the type of damages that are recoverable with a wrongful death claim.
You are going to have the opportunity to move forward with both economic and non-economic damages. This means you can file for any type of expense-related damage which would include loss of income, medical fees, burial expenses.
However, you can also file for non-economic damages, which would include the loss of companionship, care, and protection as well as pain, suffering, and mental anguish suffered by the surviving family. It is important to list these just like you would the economic damages.
Ted A. Greve and Associates can guide you through how to cite these damages and will file the claim on your behalf in Aiken.
Can Surviving Family File For Punitive Damages?
If the actions that caused the death were reckless or deliberate, you can claim punitive damages in a wrongful death lawsuit in South Carolina. This is a delicate part of the law and has to be handled with care.
As a result, we highly recommended reaching out to a trusted wrongful death lawyer such as the ones found at our law firm. With Ted A. Greve and Associates, you are going to feel safe knowing everything will be done to hear your vision for the case along with how the damages are going to be filed.
We will do our best every step of the way.
How is Negligence Proved in a Wrongful Death Case?
Negligence is going to come down to showing the other party is liable. This includes focusing on their duty of care during the situation and how they breached it.
A good example of this would be a medical company preparing the wrong drug and making incorrect claims. If this results in an individual getting sick and passing away then it is a sign of negligence.
You can move forward with a wrongful death case in South Carolina based on that information.
How Do You Start a Wrongful Death Claim in South Carolina?
When you are ready to file a wrongful death claim in South Carolina, it becomes important for you to go through each detail.
This includes how to file the wrongful death claim properly.
In South Carolina, a wrongful death claim must be filed by the administrator or executor of the estate. We can assist with the filing process and shedding light on what you are going to need for the court. This is where Ted A. Greve and Associates is a great law firm.
To learn more about what we can do for you, call (844) 387-8677.
What Is the Deadline to File a Wrongful Death Claim in South Carolina?
Wrongful death claims must be filed within three years in South Carolina.
What is the Difference Between a Wrongful Death Claim and a Survival Action?
While going through the nuances of a case such as this, you are going to come across two types of legal claims that are seen after a wrongful death.
One of those claims would be a survival action. A survival action allows the estate to recover damages for injuries and damages the deceased suffered prior to death. The deceased would have been able to file a personal injury claim for those damages if he/she had survived.
On the other hand, a wrongful death claim allows the surviving family to seek compensation for economic and non-economic damages caused by the death of their loved one.
We can help at Ted A. Greve and Associates by shedding light on what needs to happen next when it is time to file a wrongful death claim in Aiken.
Call Our Aiken Wrongful Death Lawyers for a Free Consultation
There is a lot of grief associated with wrongful death cases. It is a situation that is unique to each individual and has to be handled with utmost professionalism.
The reason Ted A. Greve and Associates has become a trustworthy law firm is due to its handling of these cases. Our dedicated Aiken wrongful death lawyers recognize what it takes to help our clients receive justice for the actions of another party.
If you are in this situation and want excellent legal representation, reach out to us at (844) 387-8677.