Wrongful Death · South Carolina
South Carolina Wrongful
Death Attorney
When negligence takes a life, the surviving family deserves justice and accountability. O’Reilly Masciale Law Firm handles wrongful death cases throughout South Carolina with both compassion and relentless tenacity.
Wrongful death claims arise when someone dies as a result of another person’s negligence, recklessness, or intentional conduct. These cases include fatal car and truck accidents, workplace fatalities, defective products, medical malpractice, and criminal acts.
In South Carolina, the personal representative of the deceased’s estate brings the wrongful death claim on behalf of statutory beneficiaries, typically a spouse, children, or parents. The wrongful death claim recovers the family’s losses, including lost income and support, loss of companionship, and grief. A survival claim, usually brought alongside it, recovers what the deceased suffered before death, such as conscious pain and suffering and medical bills.
These cases require immediate action. Evidence can be lost quickly after a fatal accident. We have experience handling complex wrongful death claims against trucking companies, manufacturers, government entities, and negligent individuals. We fight for full accountability. Call (843) 790-8771.
Prior results do not guarantee a similar outcome.
Common Questions
Who can bring a wrongful death lawsuit in South Carolina?
In South Carolina, the wrongful death claim is brought by the personal representative of the deceased’s estate. The recovery goes to the statutory beneficiaries, typically the surviving spouse and children, or parents if there are no spouse or children.
How long do I have to file a wrongful death lawsuit in South Carolina?
The statute of limitations for wrongful death in South Carolina is generally three years from the date of death. It is critical to act quickly to preserve evidence.
What damages can be recovered in a wrongful death case?
South Carolina death cases usually involve two claims brought together. The wrongful death claim compensates the family for its losses: lost income and support, loss of companionship, and grief and sorrow. The survival claim compensates the estate for what the deceased went through before death, including conscious pain and suffering and medical expenses. Funeral and burial expenses are also recoverable.
Can a wrongful death case be filed if there is also a criminal investigation?
Yes. A civil wrongful death case and a criminal prosecution are separate proceedings with different standards of proof. A wrongful death case can proceed regardless of the criminal investigation outcome.
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Call (843) 790-8771 · Available statewide · Charleston, SC