The SC Wrongful Death Act March 26, 2018 | Categories: Uncategorized
Wrongful Death in South Carolina
When a family member perishes suddenly and without warning, family members are stunned and stricken with grief. When that loss is caused by the negligent or intentional act or failure to act of somebody else in South Carolina, there is a likelihood of a viable wrongful death action. That wrongful death case might be brought solely as a single count in a lawsuit or along with another action known as a survival action.
South Carolina Wrongful Death Cases
Wrongful death cases in South Carolina are governed by S.C. Code Ann. 15-51-10. It provides for a cause of action after a victim’s death was “caused by the wrongful act, neglect or default of another.” Only the executor or administrator of the decedent’s estate is allowed to bring a wrongful death action. Damages are allowed to include but not be limited to the following:
- Financial losses
- Emotional anguish and suffering
- Loss of companionship and guidance
- Loss of society of the decedent.
If the decedent survived for only a short while, and he or she didn’t die instantly in the occurrence, the family can also bring what’s known as a survival action. The survival action is in the nature of a claim for damages that the decedent suffered prior to death that could have been sought had he or she lived. Here are some of the typical damages that are recoverable in survival actions:
- Medical bills between the time of the accident and the time of the decedent’s death.
- The pain, suffering and mental anguish that the decedent suffered prior to death.
As with a wrongful death action, only the executor or administrator of the decedent’s estate is allowed to file a survival count attendant to a wrongful death case. If no personal representative was appointed by the decedent, the court will appoint one.
After the untimely death of a family member, somebody needs to step up immediately to contact our offices for a free consultation and case evaluation in order to preserve the rights of your family member’s estate.