South Carolina Wrongful Death & Survival Claims

If tragedy has struck your family and you believe a loved has been the victim of wrongful death, contact the compassionate and skilled Wrongful Death Claims Attorneys at Nosal & Jeter, LLP.

South Carolina Wrongful Death Lawyer

Offering experienced council in a difficult time

Nosal & Jeter, LLP can help guide you through this painful time so that you can focus on the grieving process. Our lawyers will fight to make sure that your loved ones get the justice they deserve and ensure the future of your family is stable. Get the justice your loved one deserves! In South Carolina a wrongful death action must be brought by the personal representative of the decedent’s estate. Our skilled and experienced probate lawyers work with executors and administrators, not only on estate administration but also on pursuing claims for wrongful death and survival action.  A wrongful death action is brought by the decedent’s personal representative to recover for the negligence or wrongful acts of another, which caused the decedent’s death. A wrongful death claim is codified in  S.C. Code Ann. 15-51-20 through 60 and is designed to compensate the surviving family of the decedent for their loss. A survival action is brought by the decedent’s estate for injuries to the decedent, including pain and suffering, medical bills, and emotional distress prior to his or her death.

Who Benefits from a Wrongful Death Claim?

Pursuant to S.C. Code Ann. 15-51-20. Beneficiaries of action for wrongful death are the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused.

What damages can be recovered under a wrongful death claim?

  1. Pain and suffering of the Decedent prior to his or her death;
  2. Mental shock and suffering of the Decedent’s beneficiaries;
  3. Wounded feelings of the Decedent’s beneficiaries;
  4. Grief and sorrow of the Decedent’s beneficiaries;
  5. Loss of society, companionship, support and services from the date of each Decedent’s death;
  6. Los of future financial support;
  7. Loss of prospective net accumulations of the Estate;
  8. Funeral expenses; and
  9. Punitive Damages (for willful, wanton, reckless, or intentional conduct)

Any damages recovered in a wrongful death action are divided among the spouse, the children, the parents or the heirs according to their South Carolina intestate shares.

Who can settle a Wrongful Death and Survival Claim? 

Court approval is required for settlement of wrongful death or survival action.  Any settlement of a wrongful death or survival action must be approved by either a probate court, circuit court, or United States District Court, as provided in S.C. Code Ann. 15-51-42, which states that only  a duly appointed personal representative, as defined in S.C. Code Ann. 62-1-201(30), shall have the authority to settle wrongful death or survival actions.

Wrongful Death Lawyer in Fort Mill, SC

Death is always tragic, and it is only that much worse when it could have been prevented by the actions of a person or company. Don’t let those responsible for your loved one’s wrongful death go without consequences.  Wrongful death claims can be complicated and have very strict deadlines. Let the lawyers at Nosal & Jeter, LLP help you through the process with care and knowledge. Our firm has lawyers licensed in both North Carolina and South Carolina. They have extensive experience in the Charlotte-metro, Cornelius, and Huntersville areas of North Carolina as well as the Fort Mill, Rock Hill, and York County areas of South Carolina.

Contact Us today at (803) 351-3597 to set up a free consultation regarding your loved one’s wrongful death claim.

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