A member of my family was killed in an accident. Can I file a claim on my loved one’s behalf?

Possibly. When someone is killed in an accident caused by another person or organization’s negligence, South Carolina law allows surviving family members to file a wrongful death claim and seek compensation for a wide range of economic and non-economic damages, including:

  • Accident-related medical expenses incurred by the deceased prior to death.
  • Accident-related property damages and other losses.
  • Funeral fees.
  • Burial or cremation costs.
  • Lost wages and benefits.
  • Pain and suffering.
  • Mental anguish.
  • Loss of experience, judgment, and guidance.
  • Loss of care and companionship.

However, not everyone who is related to the deceased is eligible to file a wrongful death claim in South Carolina. State law limits the right to bring a wrongful death claim to the executor of the deceased’s estate. This executor—also known as a personal representative or estate administrator—pursues the wrongful death claim on behalf of the deceased’s surviving family members. If the wrongful death lawsuit is successful, the decedent’s following family members would be eligible to recover damages:

  • Surviving spouse and children.
  • Parents (in the event that the deceased has no surviving spouse or children).
  • Legal heirs (in the event that the deceased has no surviving spouse, children or parents).

Do You Need an Experienced Wrongful Death Attorney?

At Hite and Stone, we understand just how traumatic and stressful it can be to lose a loved one because of someone else’s reckless actions. While no amount of restitution could ever make up for the loss of your loved one, the compensation pursued in a wrongful death claim can help ensure that your family has the means to move forward financially after such a tragedy. Contact Hite and Stone, Attorneys at Law, today to schedule an appointment for a free initial case consultation. We’re eager to help you explore your legal options and fight for whatever compensation you deserve.