What makes a deadly accident a
wrongful death and when can a family sue? When someone is killed because of another’s
negligence, the decedent’s surviving family can sue the at-fault
party by filing a wrongful death claim, which is a civil lawsuit.
When a wrongful death lawsuit is filed, the bereaved family can seek financial
compensation for their losses, such as medical bills, pain and suffering
on behalf of the deceased, loss of companionship, the decedent’s
lost income, funeral expenses, etc.
Sometimes, a fatal accident will not incur criminal charges and this can
be heartbreaking for the decedent’s family. In these cases, a wrongful
death suit may be the sole recourse the family has and their only way
to seek justice for their loved one.
Some Families Don’t Know Their Legal Options
All too often, someone will die in an auto accident, at an amusement park,
in a hotel swimming pool, or even in a freak accident like the one in
Florida where a child was killed by an alligator while on Disney property,
and the family won’t file a lawsuit because they don’t know
their legal rights. They don’t know that they can file a wrongful
death lawsuit and the family suffers emotionally and financially as a
result of the untimely loss.
The truth is that when someone is killed as a result of someone else’s
negligence, in many cases the surviving family can file a lawsuit under
South Carolina law. Here are common causes of wrongful death actions in
the United States:
Each state has enacted a statute of limitations or a “deadline”
to file a wrongful death claim. In South Carolina, people have
three (3) years to file a wrongful death claim under
Section 15-3-530 of the South Carolina Code of Laws Unannotated. If your loved one was
killed in an accident, we urge you to
contact our firm right away to discuss filing a wrongful death lawsuit before the window
closes. Otherwise, you lose your right to compensation permanently.