Hilton Head Wrongful Death Attorney
Committed to Helping Families Seek Justice
Losing a loved one is an incredibly painful experience, and the tragedy is only compounded when the death was caused by someone else’s negligence. In these situations, the family members of the victim may be able to file a wrongful death claim against the responsible party.
At Bauer & Metro, P.C., our Hilton Head wrongful death attorneys understand that no amount of compensation can make up for your loss. However, wrongful death claims can help families recover financial losses associated with the victim’s death, such as medical bills and funeral expenses.
Our team is here to guide you through the legal process and provide the compassionate, personalized representation you deserve. Call (843) 920-2844 or online to get started with a free case evaluation.
What is a “Wrongful Death” in South Carolina?
South Carolina law defines “wrongful death” as a death that is caused by the “wrongful act, neglect, or default” of another person or party. Under South Carolina Code Section 15-51-10, a wrongful death claim is a civil action that may be brought by the personal representative of the deceased person’s estate.
In other words, the personal representative of the deceased person’s estate must file the claim on behalf of the surviving family members. The personal representative can be named in the deceased person’s will or estate plan, or the court may appoint one.
If the personal representative does not file a wrongful death claim within three years of the date of the victim’s death, the right to file the claim may be lost. However, there are some exceptions to this rule, so it is important to discuss your situation with an experienced attorney as soon as possible.
Who Can File a Wrongful Death Claim in Hilton Head?
South Carolina law is unique in that it does not allow surviving family members to file a wrongful death claim. Instead, the personal representative of the deceased person’s estate must file the claim on behalf of the surviving family members.
If the personal representative recovers damages in a wrongful death claim, the damages will be distributed to the surviving family members according to South Carolina’s laws of intestate succession.
In other words, the damages will be distributed to the surviving family members in the same way that the deceased person’s assets would be distributed if he or she died without a will. Typically, this means that the damages are distributed to the deceased person’s spouse and children.
What is the Wrongful Death Statute of Limitations?
Like all states, South Carolina has a deadline for filing a wrongful death claim. In most cases, the personal representative of the deceased person’s estate has three years from the date of the victim’s death to file a claim. However, there are some exceptions to this rule.
For example, if the victim’s death occurred as a result of a criminal act, the personal representative may only have two years from the date of the victim’s death to file a claim.
, if the victim’s death was caused by medical malpractice, the personal representative may have three years from the date of the victim’s death to file a claim, or three years from the date the cause of death was discovered, up to a maximum of six years from the date of death.
What Types of Damages Are Available in a Hilton Head Wrongful Death Claim?
South Carolina law allows the personal representative of the deceased person’s estate to recover economic and non-economic damages in a wrongful death claim.
Economic damages are those that are directly financially quantifiable, such as:
- Medical bills related to the victim’s final injury or illness
- Funeral and burial expenses
- Lost wages and benefits
- Lost future earnings
- Lost inheritance
Non-economic damages are those that are more subjective and difficult to assign a specific dollar value to, such as:
- Pain and suffering
- Loss of companionship and consortium
- Emotional distress
The personal representative of the deceased person’s estate may also be able to recover punitive damages in a Hilton Head wrongful death claim. Punitive damages are intended to punish the at-fault party for particularly egregious conduct and deter similar behavior in the future.
What Types of Cases Can Result in a Wrongful Death?
Wrongful death claims can arise from a wide variety of situations, including but not limited to:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Slip and fall accidents
- Premises liability accidents
- Construction accidents
- Defective product accidents
- Medical malpractice
Our Hilton Head wrongful death attorneys have the experience and resources to handle even the most complex claims. We can help you navigate the legal process and fight for the maximum compensation you are owed.
Get a Free Consultation Today
At Bauer & Metro, P.C., we understand that no amount of compensation can make up for the loss of a loved one. However, a wrongful death claim can help you recover financial losses and hold the at-fault party accountable for their actions.
If you have lost a loved one due to the negligence of another person or party, our Hilton Head wrongful death lawyers are here to help. We can review the facts of your case, help you understand your legal options, and provide the assertive advocacy you need.
Call (843) 920-2844 or online to request a free, confidential consultation today.
