Columbia Wrongful Death Attorney
Dedicated Attorney in Columbia for Over 20 Years
A wrongful death lawsuit is never easy to handle, especially on your own. If you are facing a case of wrongful death and seek to recover damages for your loss, it will be in your best interest to find an experienced attorney familiar in handling cases of wrongful death. Columbia attorney Marion M. Moses is a sensible and results-driven advocate dedicated to the well-being of his clients. You can trust him to pay personalized attention to your case and handle the lawsuit from start to finish. He will fight for your rightful compensation and guide you through the complex process of wrongful death claims.
What is a Wrongful Death?
South Carolina law defines a “wrongful death” as one caused by the wrongful act, neglect, or default of another person. One way to think about it might be that the wrongful act that causes the death must be the type of action for which a personal injury claim could have been filed if the deceased person had lived but been seriously injured.
Types of Wrongful Death Lawsuits
Some examples of fatal accidents that can be reason for a wrongful death lawsuit include:
What is the Statute of Limitations for a Wrongful Death Claim in South Carolina?
The statute of limitations for a wrongful death claim in South Carolina is three years from the date of death. This means that any legal action must be filed within three years after the date of death, or it will be barred under the law, no matter how strong the case may appear. It is important to note that this timeline can vary depending on the circumstances of the case, so it is best to consult with an experienced Columbia wrongful death attorney to receive an accurate timeline for filing a claim.
Who Can File a Wrongful Death Lawsuit?
The wrongful death statute in South Carolina allows a lawsuit to be brought on behalf of the deceased person’s spouse and children when a family member has died due to the deliberate, reckless, or negligent actions of another. However, be aware that the wrongful death action must be brought in the name of the administrator of the deceased person, or the person or institution that carries out the terms of the deceased’s will.
Recovering Damages for Wrongful Death
You may seek compensation for damages resulting from wrongful death. Damages awarded attempt to cover the current and future financial and emotional costs to the deceased’s family. These damages include:
- Medical bills and funeral costs
- Lost wages and benefits, including future earnings
- Pain, suffering, and mental anguish suffered by the surviving family
- Loss of support or companionship
- Punitive damages (for willful, wanton, reckless, or intentional conduct)
- Property damages and other financial losses related to the death
- Loss of the deceased person’s experience, knowledge, and judgment
Note that those in the surviving family who can recover damages in a South Carolina wrongful death case are:
- The surviving spouse and children of the deceased person
- The surviving parents of the deceased person if there is no spouse or child
- The heirs at law of the deceased person if there are no parents, spouse, or children
Contact a Wrongful Death Attorney in Columbia: (855) 796-0188
If you seek to file a wrongful death lawsuit, contact The Law Offices of Marion M. Moses, LLC for experienced legal assistance. As a former prosecutor with years of trial experience, Attorney Moses will work one-on-one with you to build a strong case around your circumstance and seek the compensation for damages that you deserve.
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