The law regarding wrongful death in South Carolina is contained in the South Caroline Code of Laws (Chapter 51, Article 1). It defines wrongful death as occurring when an individual dies through “the wrongful act, neglect or default of another” and details who can bring wrongful death lawsuits and the nature of damages which can be recovered.
What is Wrongful Death?
Wrongful death can occur through either the negligence or intentional act of another person. Negligence could be found, for example, if someone dies as the result of a car accident in which the other driver was driving at an excessive speed, was legally intoxicated or fell asleep at the wheel. Wrongful death through intentional act could occur as the result of an assault.
Who Is Eligible to Bring a Wrongful Death Lawsuit?
Obviously, in cases of wrongful death, the deceased cannot bring a lawsuit, but his or her survivors can. In South Carolina, survivors eligible to bring wrongful …show more content…
Every case and every jury is different. In general, you must demonstrate four things in South Carolina to prove wrongful death:
That someone has died; That the death resulted from the wrongful act, neglect or default of another; That the deceased has eligible survivors (such as spouses, children, parents or other heirs); and That survivors of the deceased have incurred some financial loss.
What Kinds of Damages Can Be Recovered?
South Carolina does not limit the types or amounts of damages which can be recovered by survivors. However, juries award compensation for medical and funeral costs, as well as any lost wages or other income. South Carolina does specifically allow for “exemplary damages” (sometimes referred to as punitive damages) in cases where the death results from “recklessness, willfulness or malice” and in an amount which the jury determines is “proportionate” to the injury suffered by survivors.
Is There A Statute of Limitations for Wrongful
What is Wrongful Death?
Wrongful death can occur through either the negligence or intentional act of another person. Negligence could be found, for example, if someone dies as the result of a car accident in which the other driver was driving at an excessive speed, was legally intoxicated or fell asleep at the wheel. Wrongful death through intentional act could occur as the result of an assault.
Who Is Eligible to Bring a Wrongful Death Lawsuit?
Obviously, in cases of wrongful death, the deceased cannot bring a lawsuit, but his or her survivors can. In South Carolina, survivors eligible to bring wrongful …show more content…
Every case and every jury is different. In general, you must demonstrate four things in South Carolina to prove wrongful death:
That someone has died; That the death resulted from the wrongful act, neglect or default of another; That the deceased has eligible survivors (such as spouses, children, parents or other heirs); and That survivors of the deceased have incurred some financial loss.
What Kinds of Damages Can Be Recovered?
South Carolina does not limit the types or amounts of damages which can be recovered by survivors. However, juries award compensation for medical and funeral costs, as well as any lost wages or other income. South Carolina does specifically allow for “exemplary damages” (sometimes referred to as punitive damages) in cases where the death results from “recklessness, willfulness or malice” and in an amount which the jury determines is “proportionate” to the injury suffered by survivors.
Is There A Statute of Limitations for Wrongful