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When Your Back Is Against The Wall

South Carolina Wrongful Death Attorney

Serving Families Throughout South Carolina

Losing a loved one is never easy. When you lose a family member because of the negligence of another person or organization, the loss becomes even more difficult to bear. Your family deserves justice in these unimaginable situations, and Lanier Law Group, P.A. is in your corner.

Our South Carolina wrongful death lawyer is prepared to help you hold responsible parties accountable for their negligence. Our team of dedicated legal professionals is experienced, knowledgeable, and well-equipped to handle cases of all types and complexities. We are thorough in gathering evidence, relentless in negotiation, and formidable in court, always fighting to secure the justice and compensation our clients deserve. You can expect compassionate support and tailored guidance throughout each stage of the legal process.

If you recently lost a loved one due to negligence, we encourage you to call 919-342-1368 or contact us online to schedule a free initial consultation.

Common Causes of Wrongful Death

Wrongful death can be a direct result of various unfortunate incidents, many of which are preventable. When someone causes an avoidable death due to negligence or recklessness, they can generally be held accountable through a wrongful death lawsuit.

Our South Carolina wrongful death attorneys are prepared to represent your family if your loved one passed away due to many types of accidents and incidents, including:

  • Car accidents. Collisions involving cars, motorcycles, and trucks are all frequent causes of wrongful death. Negligent driving, such as speeding, reckless driving, drunk driving, or distracted driving can all result in fatal accidents. 
  • Medical malpractice. A misdiagnosis, delayed diagnosis, surgical errors, or even negligence during labor and childbirth can all lead to catastrophic, fatal outcomes. 
  • Workplace accidents. Certain occupations, like construction or industrial jobs, carry significant unavoidable risks. Employers are required to maintain safety standards, but serious accidents still can and do occur. In these instances, families may need to seek death benefits through a workers’ compensation claim, but they may also be able to pursue a wrongful death lawsuit against a third party whose negligence caused a work-related accident.
  • Defective products. Companies are required to ensure their products are reasonably safe for use. If a product is found to be dangerously defective and causes wrongful death, the manufacturer can be held liable.
  • Premises liability. Property owners are responsible for maintaining safe premises. A property owner may be liable if they fail to sufficiently address a hazardous condition (that they knew or should have known about) that fatally harms a visitor.

Who Has the Ability to File a Wrongful Death Claim in South Carolina?

Some states allow specific surviving family members of the victim to bring a wrongful death claim. In South Carolina, however, the right to bring a wrongful death claim is reserved for the personal representative of the victim’s estate. The personal representative is typically named in a person’s will, and the person in this role is also sometimes called the “executor.” If there is no valid will or the chosen personal representative is unavailable, the court will select a personal representative, typically a close surviving family member. 

The personal representative does not collect the proceeds of a successful wrongful death lawsuit. Any settlement will be dispersed amongst the victim’s closest surviving relatives.

The following family members will generally receive compensation for wrongful death damages in South Carolina:

  • The victim’s spouse and children, or
  • The victim’s parents (if there is no surviving spouse or children)
  • Their closest surviving relatives (if there are no surviving parents, children, or spouse)

What Is the Time Limit for Filing a Wrongful Death Claim in South Carolina?

In South Carolina, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of the deceased’s death, which is not necessarily the date they sustained their fatal injuries. Certain exceptions can extend or shorten this time limit, particularly in cases involving medical malpractice, so it is in your best interest to speak to our South Carolina wrongful death lawyer about your options as soon as possible. If you miss the relevant deadline, you will usually be unable to recover any damages.

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Our compassionate team is in your corner, and we are ready to help you and your family get justice. Contact us online or call 919-342-1368 today.

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