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Who can file a wrongful death lawsuit in South Carolina and how?
Wrongful death claims in South Carolina often involve structured payments. Structured payments are a way to secure funds for the support of children or surviving spouses. South Carolina requires that only an executor or administrator of an estate may sue in wrongful death cases. This is another protective measure. If there is no executor or administrator, the court will appoint one.
Understanding the wrongful death lawsuit process in South Carolina
South Carolina has some unusual provisions in its wrongful death compensation requirements. An executor or administrator must initiate any wrongful death claim on behalf of the victim’s estate. All funds awarded go into the estate, which is distributed in accordance with the deceased’s will and probate law.
South Carolina defines wrongful death as a “wrongful act, neglect, or omission” caused by another person. The definition balances wrongful death claims with personal injury cases. The “standard” aspect covers the same types of injuries that apply to personal injury cases. Many injuries can lead to or contribute to a wrongful death finding. This includes:
- Intentional injuries
- Injuries caused by negligence
What is the difference between wrongful death and murder?
Wrongful death cases are civil lawsuits typically filed by family members of the deceased. These cases are independent of any criminal charges that may be filed. Being found guilty of wrongful death in a civil lawsuit does not result in criminal penalties such as prison time.
In criminal cases, the defendant is only convicted if he or she is found guilty “beyond a reasonable doubt.” Jury trials also require unanimous guilty verdicts from all jurors. The hurdle for conviction is high because of the risk of wrongful imprisonment or even state-sanctioned execution.
A defendant’s liability in a wrongful death lawsuit is determined by the “preponderance of the evidence.” That is, all that needs to be proven is that the defendant is more likely to be guilty than not. Guilt does not need to reach the same level of near certainty as is required in a criminal trial. South Carolina specifically allows wrongful death lawsuits in addition to criminal charges.
Who gets the money at South Carolina’s Wrongful Death Awards?
The money goes into the victim’s estate, and his will or probate law determines the distribution of assets between survivors and heirs. If there is no will, which is often the case in wrongful death cases, the money will first be used to pay the victim’s legal financial obligations.
The remaining money is divided among the victim’s spouse and surviving children. If there are none, the money is awarded to the parents. If the parents are deceased, the money passes among other heirs such as a brother, sister, uncle, grandparents, cousins, etc. divided.
What damages are awarded in wrongful death claims?
Common damages available in wrongful death claims include:
- Funeral expenses and burial expenses
- Medical bills and any costs related to the injury or illness that caused the death
- All lost wages and expenses related to the injury
- Loss of the victim’s knowledge, earning power and judgment
- Loss of care, companionship and protection of the victim
- Pain and suffering of family members
If the act or acts that resulted in a wrongful death were particularly heinous, exemplary damages could be awarded in South Carolina. This damages are awarded as punishment for the perpetrator in the hope of preventing similar acts in the future.
Deadline for filing wrongful death lawsuits in South Carolina
The statute of limitations for filing a wrongful death lawsuit in South Carolina is three years from the date of death. In South Carolina, potential financial recipients must convince the executor or administrator to file a lawsuit.
It is important to consult with a wrongful death attorney based in Greenville, South Carolina to understand your options and determine whether filing a wrongful death lawsuit makes sense. The victim could have significant debts that would eat away at any financial reward.