South Carolina Wrongful Death Lawyers

The Law Office of Sean M. Wilson Helps Grieving Families Get Justice Through  South Carolina Wrongful Death Claims

Your loved one's story matters. When negligence results in a tragic loss of life, the legal system gives families a powerful voice—just like it did during the civil rights movement. A wrongful death claim not only holds those responsible accountable but helps protect other families from similar tragedies.

Here at the Law Office of Sean M. Wilson, we know that no lawsuit can ease the deep pain of your loss. But as your South Carolina wrongful death attorneys, we will work to seek justice that honors your loved one's memory while helping to secure the financial support your family needs to rebuild.

What Qualifies as a Wrongful Death in South Carolina?

A wrongful death occurs when someone dies due to another party's negligent, reckless, or intentional actions. For example:

• Vehicle accidents. Fatal car crashes caused by drunk, distracted, or reckless drivers often lead to wrongful death claims. Commercial vehicle companies may also be liable for deaths caused by their drivers.
• Medical malpractice. Health care providers who fail to meet the accepted standard of care can be held liable when their negligence results in death. Medical malpractice claims can often relate to misdiagnosis, surgical errors, and medication mistakes.
• Premises liability. Property owners can face wrongful death claims when fatal accidents occur due to premises liability issues like inadequate security, unmarked hazards, poor maintenance, or failure to follow building codes.
• Nursing home abuse or neglect. Long-term care facilities may be liable when residents die due to inadequate supervision, medication errors, malnutrition, bedsores, or other forms of nursing home abuse or neglect.

Who Can File a Wrongful Death Claim?

Under South Carolina law, the executor or administrator of the deceased person's estate must file the claim on behalf of surviving family members. This person is either named in the deceased's will or appointed by the court if there was no will.

The law establishes a clear hierarchy of beneficiaries who can receive compensation:

• The surviving spouse and children. The compensation is typically divided between the spouse and children according to South Carolina's intestacy laws, which govern how assets are distributed when someone dies without a will. If there are no children, the spouse receives the entire settlement.
• The parents if there is no spouse or children. This often occurs in cases involving young adults or college students. Both parents typically share equally in any settlement or verdict.
• Other heirs if there are no surviving immediate family members. If the deceased had no surviving spouse, children, or parents, the compensation may go to siblings, grandparents, or other relatives as defined by South Carolina's intestacy laws. The specific distribution depends on which relatives survive and their degree of relationship to the deceased.
• The estate itself for certain damages. Some types of damages, such as medical bills incurred before death and funeral expenses, are paid directly to the estate before distribution to beneficiaries.

Types of Damages Available in Wrongful Death Claims

South Carolina allows families to pursue several categories of damages in wrongful death claims:

• Medical expenses. This includes all costs related to emergency care, hospitalization, surgeries, medications, and other treatments provided between the final injury or illness and death.
• Funeral and burial costs. Your claim should include all reasonable expenses associated with laying your loved one to rest, including the funeral service, burial plot or cremation, headstone, and related ceremonies.
• Lost wages and benefits. Your family can seek compensation for the income, retirement benefits, health insurance coverage, and other financial support your loved one would have provided through their normal life expectancy.
• Loss of companionship. Also called loss of consortium, this compensates surviving family members for the lost love, guidance, nurturing, protection, support, and companionship they would have received from their loved one.
• Mental anguish. The emotional trauma, grief, depression, anxiety, and psychological suffering experienced by surviving family members due to the sudden and preventable loss of their loved one is compensable under South Carolina law.
• Punitive damages. In cases involving particularly egregious conduct or gross negligence, the court may award additional damages specifically designed to punish the wrongdoer and deter similar behavior in the future.

Why Legal Representation Matters

Just as civil rights attorneys helped shape equality under the law, our South Carolina wrongful death lawyers work to ensure justice for grieving families. Here’s what you can expect when the Law Office of Sean M. Wilson handles your claim:

• Investigate the circumstances of death thoroughly. We conduct a comprehensive investigation that includes gathering police reports, medical records, witness statements, surveillance footage, physical evidence, and any other documentation that helps establish liability for your loved one's death.
• Identify all potentially liable parties. Many wrongful death cases involve multiple responsible parties. For example, in a fatal truck accident, the liable parties might include the truck driver, trucking company, maintenance contractor, and parts manufacturer.
• Gather and preserve critical evidence. Time is crucial in wrongful death cases, as evidence can disappear and witnesses' memories can fade. Our team acts quickly to secure and document all available evidence that supports your claim.
• Works with expert witnesses. We collaborate with medical experts, accident reconstructionists, economists, and other specialists who can provide professional testimony about the circumstances of death, the financial impact on your family, and other key aspects of your case.
• Handle all insurance company negotiations. Our attorneys protect you from insurance companies that may try to minimize your claim or pressure you into accepting an inadequate settlement while you're still grieving.
• Prepare for trial if needed. While most wrongful death claims are settled out of court, we prepare every case as if it will go to trial—ensuring we maintain maximum leverage during settlement negotiations.