Experienced Columbia Wrongful Death Lawyer

Losing a loved one is one of the hardest things a family can go through. It is even harder when that loss happened because of someone else’s carelessness or negligence. If you are grieving a loss in Columbia, South Carolina, you likely have many questions about your rights and your future. You do not have to face this legal battle alone.

At The Super Lawyer, we help families seek justice for the wrongful death of a family member. We understand that no amount of money can bring your loved one back. However, a successful wrongful death claim can provide the financial security your family needs to move forward. We handle the legal burden so you can focus on healing.

What Is Wrongful Death in South Carolina?

Wrongful death is a specific legal term. It refers to a situation where a person dies due to the legal fault of another person or entity. If your loved one could have filed a personal injury lawsuit had they lived, you likely have grounds for a wrongful death claim.

Definition and Legal Basis

Under South Carolina law, a wrongful death action is a civil lawsuit. It is separate from any criminal charges the state might file. The goal is to hold the responsible party financially accountable for the loss of life. This claim is based on negligence, meaning the other party failed to act with reasonable care, resulting in a fatal accident.

Eligible Family Members

Many people ask who is allowed to file this type of lawsuit. In South Carolina, the claim must be filed by the personal representative (also known as the executor or administrator) of the deceased person’s estate. However, the lawsuit is filed on behalf of specific surviving family members who will receive the compensation.

According to the law, the beneficiaries are usually:

• The surviving spouse and children.
• If there is no spouse or children, the parents of the deceased.
• If there are no parents, other heirs as defined by law.

Common Causes of Wrongful Death in Columbia

Wrongful death cases can arise from many different types of accidents. As long as negligence was involved, a claim may be possible. Here are some of the most common causes we see in the Columbia area.

Car Accidents

Columbia has busy roads and highways. Fatal crashes often happen on I-20, I-26, and busy intersections around the city. When a driver speeds, drives drunk, or texts while driving, they can cause fatal collisions. If a driver’s negligence caused your loved one’s death, they can be held liable.

Medical Malpractice

We trust doctors and nurses with our lives. Unfortunately, medical professionals make mistakes. Medical malpractice occurs when a healthcare provider fails to meet the standard of care. This can include surgical errors, misdiagnosis, or medication mistakes that lead to a patient’s death.

Workplace Accidents

Some jobs are more dangerous than others. Construction sites, industrial plants, and warehouses carry risks. If a death occurs on the job due to a third party’s negligence or a safety violation, the family may have a claim beyond standard workers’ compensation.

Statute of Limitations for Filing a Claim

Time is a critical factor in these cases. You do not have unlimited time to take legal action. This time limit is called the statute of limitations.

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According to South Carolina Code § 15-3-530, you generally have three years from the date of the person’s death to file a wrongful death lawsuit. If you miss this deadline, the court will likely dismiss your case, and you will be unable to recover any compensation. Because building a strong case takes time, it is important to speak with a lawyer as soon as possible.

Compensation You May Recover

The purpose of a wrongful death lawsuit is to provide damages to the surviving family members. These damages are meant to cover both financial losses and emotional suffering.

Economic Damages

Economic damages are financial losses that can be calculated with receipts and bills. These typically include:

• Funeral and burial expenses.
• Medical bills related to the final injury or illness.
• Lost wages and benefits the deceased would have earned if they had lived.
• Loss of inheritance.

Non-Economic Damages

Non-economic damages cover losses that are harder to put a price tag on but are just as real. These include:

• Mental anguish and emotional distress.
• Loss of companionship, care, and protection.
• Loss of consortium (for a surviving spouse).
• Pain and suffering endured by the deceased before death.

In rare cases involving extreme recklessness or intentional harm, the court may also award punitive damages to punish the wrongdoer.

The Wrongful Death Lawsuit Process

Understanding the legal process can help reduce anxiety during this difficult time. While every case is unique, most follow a similar path.

Investigation and Filing

The first step is a thorough investigation. Your lawyer will gather evidence to prove liability. This includes police reports, medical records, witness statements, and expert opinions. Once the evidence is ready, the personal representative will formally file the complaint with the court.

Discovery and Negotiation

After the lawsuit is filed, both sides enter a phase called “discovery.” This is where lawyers exchange information and take depositions. Often, the insurance company for the at-fault party will try to settle the case to avoid court. Your attorney will handle the wrongful death settlement negotiations to ensure you get a fair offer. If a fair agreement cannot be reached, your lawyer will be prepared to take the case to trial.

Why Choose a Local Columbia Lawyer

Choosing the right attorney is a big decision. A local Columbia wrongful death lawyer understands the local court system, the judges, and the other attorneys in the area. We know how to navigate South Carolina laws to build the strongest possible case for you.

Get a Free Consultation

At The Super Lawyer, we treat our clients with compassion and respect. We know you are going through a tragedy, and we are here to handle the legal heavy lifting so you can be with your family.