The loss of a loved one is a devastating experience, but in some cases your family member’s death may have been avoided if it weren’t for the negligent behavior of a third party. You have the legal right to seek compensation for your loss if a death occurred in Myrtle Beach through a wrongful act or negligence.
With the assistance of an experienced South Carolina wrongful death attorney, you may be able to bring a suit against an individual person, business, or even a government-run facility responsible for the death.
There is a limited time frame to bring a wrongful death lawsuit to court.
How Long to File a Wrongful Death Lawsuit
Legal action takes time, which is why it is important to contact an attorney as early as possible to begin the investigation process. If you don’t file your claim before the statute of limitations runs out, a court typically won’t hear your case.
In most cases, but not all, you have three years from the date of death to file a case against a negligent individual or business. Rarely will that timeframe be extended and only under extraordinary circumstances such as if the family was not immediately made aware of a negligent party’s involvement in the death.
Beginning the process early is therefore critical, so a wrongful death lawyer can help you by determining the correct statute of limitations and:
● Interviewing witnesses
● Acquiring supporting documents and police reports
● Filing legal forms with the court before deadlines expire
● Calculating the value of the case based on the specific factors involved
An attorney can help you understand if you have a wrongful death case and seek the compensation you are legally owed before the statute of limitations expires.
Filing a Wrongful Death Suit in Myrtle Beach
South Carolina law requires the executor of the deceased person’s estate to bring the case, but it may be done at the direction of the spouse or children. If the deceased was a child, the parents may recover in a wrongful death case, even if the child was over 18.
Not every death in Myrtle Beach will result in a lawsuit, however. Under state law, a wrongful death suit can be filed for a variety of reasons, including:
● Pedestrian, bicycle, or vehicle accidents caused by distracted, drunk, or otherwise negligent drivers
● Slipping and falling in an area where a business didn’t maintain safe conditions
● Recreation accidents involving park rides, boating, or jet skiing
● Death caused by a defective product that should have been safe under normal circumstances
Seeking Compensation Before the Statute Expires
If your loved one died from a neglectful or intentionally wrongful act in South Carolina, there are two separate means to seeking compensation for your loss. The first stems directly from the wrongful death claim itself and can cover:
● Emotional trauma and anguish
● Loss of companionship from a spouse or family member
● Property damage caused by the accident
● Loss of financial support from the deceased family member
● Costs associated with the funeral services
In some cases, you may also be able to seek damages through a survival action claim that additionally covers:
● Costs for medical treatment while the deceased was still alive
● Pain, suffering, and mental trauma your loved one suffered because of the injury
Has Your Loved One Died To The Negligence Of Others?
If you're loved one has died due someone else's negligence you should speak to a wrongful death attorney as soon as possible. Contact us online or call our Myrtle Beach office directly at 843.488.3165 to schedule your consultation. We are also able to meet clients at our Charleston, Conway, Florence, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.