Have you lost a loved one due to the wrongful acts of another party in Rock Hill, SC? Although you may grieve for your loved one’s passing, you may also feel angry at those responsible for their death. Your family deserves to seek justice for your loss. Let a wrongful death lawyer in Rock Hill, SC, from Ted A. Greve & Associates PA guide you as you pursue your rights and options in a wrongful death claim. Our experienced legal team will discuss your situation and goals and help you understand your options. We’ll also handle insurance and legal claims on your family’s behalf. Contact us today for a free initial case review to learn more about what to expect in a wrongful death action.
Understanding Wrongful Death Claims in Rock Hill
In South Carolina, a wrongful death occurs when a person passes away as a direct and proximate result of another party’s actions. Wrongful death claims can arise from the same accidents or circumstances that could lead to a personal injury claim had the decedent survived their final injury or illness. For example, car accidents or medical negligence can lead to a wrongful death case when a crash victim or patient passes away from the injuries or illnesses they suffer.
Wrongful death claims can also arise from a party’s willful or intentional conduct that harms the decedent, such as in an assault or another criminal act. However, a person does not need to commit a crime to become liable for wrongful death. Wrongful death claims can involve negligent or reckless acts.
Common Causes of Wrongful Death Cases
At Ted A. Greve & Associates PA, a family death attorney can help you pursue financial compensation following a loved one’s death due to:
- Car Accidents – A negligent or reckless driver who causes a car crash may bear liability for the death of an accident victim.
- Truck Accidents – When a person dies from injuries sustained in a truck crash, parties such as the at-fault truck driver, the trucking company, or the truck’s owner may bear responsibility for the victim’s death.
- Motorcycle Accidents – After a motorcycle rider dies in a crash, their family may have the right to pursue financial recovery from the careless driver who hit the rider’s bike.
- Medical Malpractice – Physicians and other healthcare providers may bear liability in a wrongful death action when a patient passes away due to substandard treatment.
- Workplace Accidents – When a worker dies due to a work injury or occupational illness, their family may seek financial recovery through workers’ compensation death benefits or a wrongful death claim against third parties responsible for causing the worker’s death.
- Defective Product Accidents – When a dangerous or defective product causes a user’s death, the manufacturer may bear responsibility in a wrongful death action.
- Premises Liability Accidents – Property owners may bear liability in a wrongful death claim if a dangerous condition of their premises causes a lawful visitor’s death.
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina’s wrongful death statute, only specific individuals may file a wrongful death lawsuit following a decedent’s death due to another party’s fault. Unlike other states that permit surviving family members to bring a wrongful death claim, South Carolina requires the personal representative of the decedent’s estate to file the wrongful death action.
A decedent’s will can nominate someone to serve as the personal representative of their estate. However, suppose the decedent did not leave a will or the nominated personal representative cannot or will not serve. In that case, the court can appoint another individual to fill this critical role.
Although the personal representative has the exclusive responsibility to bring a wrongful death action, they do so on behalf of a decedent’s surviving family members entitled to recover compensation from the wrongful death claim. Eligible family members who can recover in a wrongful death case include:
- The decedent’s surviving spouse and children
- The decedent’s surviving parent(s), if the decedent left no surviving spouse or children
- The decedent’s heirs under South Carolina’s intestacy law, if the decedent left no surviving spouse, children, or parents
Furthermore, under South Carolina’s statute of limitations, a personal representative must file a wrongful death lawsuit within three years of the decedent’s death. Should the personal representative file their claim after the limitations period expires, the defendant(s) can move to dismiss the case as untimely filed, meaning the decedent’s family may lose the opportunity to seek financial recovery and justice for their loss.
Types of Compensation Available in Wrongful Death Claims
In a wrongful death action, a decedent’s family may recover compensation for financial and emotional losses caused by their loved one’s passing. Types of financial recovery available in a wrongful death case include:
- Medical expenses from treating the decedent’s final injury or illness
- Reasonable funeral and burial expenses
- Loss of the decedent’s financial support and benefits, such as health insurance
- Loss of the decedent’s knowledge, experience, and guidance
- Loss of the decedent’s care, companionship, and protection
- Emotional pain and suffering experienced by surviving family members
In rare cases, a jury may award a decedent’s family punitive damages (also known as exemplary damages). Juries may award punitive damages when they find that a liable defendant caused the decedent’s death through intentional or reckless conduct. Punitive damages do not compensate a family for financial or emotional loss from a loved one’s passing. Instead, a punitive damages award punishes the defendant for their conduct and deters others from engaging in similar conduct in the future.
How a Wrongful Death Lawyer in Rock Hill Can Assist
When your family has a wrongful death claim, a lawyer from Ted A. Greve & Associates PA can help you pursue accountability from those responsible for your loved one’s passing by:
- Thoroughly investigating the circumstances of your loved one’s death
- Identifying liable parties and your family’s legal options for pursuing wrongful death claims
- Documenting your family’s financial and emotional losses
- Fighting hard to get your family maximum compensation and justice, even if that means taking your family’s claims to court
Scheduling a Consultation with a Rock Hill Wrongful Death Lawyer
After losing a loved one due to another party’s negligence or fault, your family deserves to seek financial recovery and justice for the harm and loss you’ve endured. Contact Ted A. Greve & Associates PA today for a free, no-obligation consultation with a knowledgeable, caring Rock Hill attorney to discuss your legal options for pursuing accountability.
