How can Hughey Law Firm help after a wrongful death?
We investigate the cause of death, preserve key evidence, manage insurer communications, and build a damages case that reflects both financial loss and the human impact. If you want to speak with a lawyer, call (843) 881-8644, use live chat, or contact Hughey Law Firm through our website.
Can we file a wrongful death case if there is also a criminal case?
Yes. The criminal case is separate and focuses on punishment by the state. The civil case focuses on financial accountability for the family and the estate, and it can move forward even if the criminal matter is unresolved.
What if minor children are beneficiaries?
When children are beneficiaries, the settlement process may require additional court oversight to protect their interests. Planning for structured settlements, guardianship considerations, and court approvals often becomes part of a responsible resolution strategy.
How are wrongful death settlements distributed?
Distribution typically follows South Carolina’s statutory beneficiary structure, often starting with spouse and children. Court approval may also apply in certain situations, including when minors are involved.
Do we have to open an estate before filing?
Often, yes. Because the personal representative brings the claim, families commonly need an executor or administrator appointed through probate before moving forward. Hughey Law Firm can coordinate with probate counsel so the process stays organized and efficient.
What damages are available in a wrongful death case?
Damages can include funeral and burial expenses, medical costs related to the final injury, lost financial support and services, and loss of companionship and emotional harm. In appropriate cases, punitive damages may apply when the conduct was reckless or intentional.
What is the difference between wrongful death and a survival action?
Wrongful death addresses losses suffered by the family due to the death. A survival action addresses losses the person suffered before death, such as pain and suffering and medical bills incurred between injury and death. South Carolina’s survival statute appears in S.C. Code § 15-5-90.
How long do we have to file a wrongful death claim?
Many wrongful death claims have a three-year deadline, and timing issues can become complex if medical malpractice or a government entity is involved. Because key evidence can be lost and insurers start building defenses early, families should speak with counsel promptly.
Who can file a wrongful death lawsuit in South Carolina?
The case must be filed by the estate’s personal representative (executor or administrator). The recovery benefits the eligible family members under South Carolina law, commonly the spouse and children first, then parents, then heirs depending on the family structure.
What qualifies as wrongful death in South Carolina?
Wrongful death applies when a person dies because of another party’s wrongful act, neglect, or default, and the person could have pursued a personal injury claim if they had survived. South Carolina’s wrongful death statute is found in S.C. Code § 15-51-10.