What is negligence under South Carolina law?
If a defendant’s actions do not exhibit reasonable care for the safety of others, his or her actions are negligent. In a negligence claim, the plaintiff must show that the defendant had a legal duty to the plaintiff and that the defendant breached that duty. The plaintiff must suffer an injury due to the defendant’s breach […]
What are intentional actions in South Carolina wrongful death claims?
A defendant takes an action against another person and knows his or her actions are wrong and will cause injury, yet still takes those actions. These include intentional torts such as kidnapping, assault, battery, false imprisonment, intentional infliction of emotional distress, and trespassing against a person. If the defendant kills the plaintiff, or the plaintiff dies later, […]
What is defined as wrongful death in South Carolina?
Your neck and back help support large parts of your body, including your head, shoulders, trunk, and more. When you suffer any musculoskeletal injuries to your neck or back, it can have a serious effect on almost every aspect of your life. You may not be able to work, exercise, or even do household chores […]
How long does a wrongful death case take to resolve?
Every case is different. Some claims are resolved through settlement in months, while others proceed to trial and take longer. An attorney can give your family a clearer picture once the facts of the case are evaluated.
What if the responsible party does not have enough insurance?
An attorney will investigate all available sources of recovery, which may include the at-fault party’s insurance, umbrella policies, employer coverage in cases involving commercial vehicles, or underinsured motorist coverage depending on the situation.
Does South Carolina cap wrongful death damages?
South Carolina does not currently cap compensatory damages in most wrongful death cases. Punitive damages, however, are subject to certain limitations under state law. One of our attorneys can explain how these rules apply to your specific situation.
Can a wrongful death claim be filed if a criminal case is also pending?
Yes. A wrongful death claim is a civil matter, separate from any criminal prosecution. The outcomes of criminal proceedings do not prevent a family from pursuing a civil claim, and the standards of proof are different in each proceeding.
How soon should I contact a nursing home abuse lawyer?
As soon as possible. South Carolina’s statute of limitations for wrongful death claims is generally three years from the date of death. However, evidence can deteriorate over time, witnesses can become harder to locate, and facility records may not be retained indefinitely. Acting early protects your family’s ability to pursue the full claim.
Should I request my loved one’s medical records from the nursing home?
Yes, and you are legally entitled to them. It is important to request the records promptly because documentation can be altered, misplaced, or lost over time. One of our attorneys can help with this process and make sure all relevant records, including staffing logs and internal incident reports, are preserved properly.
What is the difference between a wrongful death claim and a survival action in South Carolina?
A wrongful death claim compensates surviving family members for their losses, including grief and lost companionship. A survival action allows the estate to recover damages for the pain and suffering the deceased experienced before death. Both claims can often be filed simultaneously and are worth discussing with an attorney.
Can a nursing home be held responsible even if my loved one was already in declining health?
Yes. A resident’s serious health conditions do not absolve a facility of its duty of care. If a decline or death was accelerated by negligence and would not have occurred when it did under proper care, a wrongful death claim may still be viable.
How can I tell if my loved one died from negligence or natural causes?
A nursing home abuse lawyer is trained to answer this exact question. A lawyer can use medical records, facility inspection reports, staffing logs, and expert medical reviews to determine if the care provided met the required standard. Many families are surprised by what a thorough investigation uncovers.