Understanding The Basics
The State of South Carolina outlines wrongful death in § 15-51-10. In it, the State defines wrongful death as the death of a person caused by another’s wrongdoing or neglect.
South Carolina’s wrongful death laws are designed to honor the deceased and deliver the compensation they would have been entitled to their beneficiaries. Since being deceased means they cannot file their civil lawsuit in court, the State requires an executor or administrator to bring their claim.
In order to be able to file a wrongful death lawsuit in Charleston, SC, you must do so within three years. This period of three years is what the State allows per its statute of limitations. It goes into effect on the date the person died, not the date of the accident that eventually led to their death.
Since these cases are civil and not criminal, wrongful death compensation differs from other additional charges a guilty party may face. Typical cases of wrongful death law include:
Motor Vehicle Accidents, Including Bus And Motorcycle Accidents
When death comes as a result of a car crash, it can be considered a wrongful death.
Accidents Involving Tractor-Trailer Semi-Trucks
Like motor vehicle accidents but with more regulations and parties involved.
Slip And Fall Incidents
If you fall at a property that has been neglected, the property owner is responsible. Deficient lighting and missing or broken handrails or steps on a staircase are common examples.
These include pedestrians, bicyclists, or motorcyclists hit by a drunk driver driving a car.
Accidents That Occur At The Workplace
Employers are responsible for employees’ injuries that occur at work.
Nursing Home Maltreatment
This is when caretakers harm patients in nursing homes, intentionally or unintentionally.
When a health care professional shifts from norms and causes injury or death, they are guilty of medical malpractice. This, too, regardless of whether it was intentional or not.
Wrongful death cases that intersect with medical malpractice may have complications with the statute of limitations, as the State of South Carolina declares the statute to go into effect on the date the injury is realized or “reasonably ought to have been discovered.” Working with a wrongful death attorney is a sure way to navigate your case if it involves wrongful death and medical malpractice.
What Legally Constitutes Wrongful Death
In order to prove wrongful death, wrongful death claim lawyers must prove their client’s case fulfills the following criteria:
- Duty of Care
- Breach of Duty
Duty of care entails that the party at fault was obligated to ensure the safety and reasonable treatment of the victim. A breach of this occurs when the duty is not fulfilled. Causation shows how the negligent party’s breach of duty directly brought about the victim’s injuries. Damages are the physical harm or material losses the victim suffered because of the incident.
Prepared To Help You
In such a difficult time, the last thing you need to be worried about is the legal fallout from an accident that killed a loved one. A wrongful death law firm like Sahn Law Firm – Attorneys at Law can help you through the grieving process by removing the burden of surrounding legal matters so you can focus on more important things.