Representing the Injured & Bereaved

Charleston Wrongful Death Lawyers

Compassionate Advocates Protecting Grieving Families

At Pierce, Sloan, Kennedy & Early LLC, we understand how devastating it can be to lose a loved one. If you lost a loved one because of another person's negligent or reckless actions, turn to our team of advocates for guidance. Our wrongful death lawyers in Charleston are dedicated to helping grieving families seek justice and fair compensation for their losses. Our focus is to recover the maximum compensation possible so that you can cover practical expenses and have peace of mind knowing your loved one has been honored.

Over the years, our firm has taken on countless complex and challenging cases, including those involving fatal accidents. We are well-versed in the wrongful death laws in South Carolina and are equipped to assist with your claim.

If you are ready to trust your case to our Charleston wrongful death attorneys, we encourage you to call us at (843) 968-0886 or request a free consultation today.

How Is “Wrongful Death” Defined in South Carolina?

South Carolina's wrongful death statute, Section 15-51-10 through 60, defines a “wrongful death” as one that is directly caused by a “wrongful act, neglect, or fault” or another individual. Under this definition, wrongful death suits are viewed as a personal injury case that is brought to court by another person, since the victim is no longer available to file the claim for him or herself.

The statute of limitations to file a wrongful death claim in South Carolina is three years from the date of your loved one’s passing. This means you have only three years to file a claim or you will most likely lose your right to file and recover compensation. It’s worth noting that the date of your loved one’s death may be different from the date they suffered the injuries that led to their passing. Exceptions to this rule exist that can change the amount of time you have to file. By consulting an attorney you may better understand the timeline for your specific case and what next steps should be taken.

What Accidents Give Rise to Wrongful Death Claims?

In South Carolina, wrongful death claims can be filed when a person is killed due to the negligence or intentional act of someone else. Wrongful death claims are mostly the same as personal injury claims except the injured party has died and the claim is being brought on behalf of the deceased.

Wrongful death claims can be filed in relation to nearly any fatal accident, including:

Who Can File a Wrongful Death Claim in South Carolina?

In South Carolina, the wrongful death statute allows for action to be pursued on behalf of the deceased’s spouse and children. In cases where there is no spouse or children, an action may be brought on behalf of the parents, heirs, or parties financially dependent on the deceased. We can help you determine if you are eligible to file and what damages you can recover.

Proving a Wrongful Death Claim

Generally speaking, a valid wrongful death claim must satisfy the following elements:

  • The defendant owed a duty of care
  • The defendant breached that duty
  • The breach of duty caused the decedent's death
  • The death caused damages to the decedent's survivors

While these elements may seem simple, establishing proof in a wrongful death case can often be an extremely complex endeavor requiring expert evidence, lengthy investigations, and the skills of a knowledgeable attorney. You can trust our Charleston wrongful death lawyers to ensure no stone is left unturned in pursuit of justice for your loved one.

Wrongful Death Compensation in South Carolina

Many times, clients come to us concerned about the challenges of taking legal action so soon after the loss of their loved one. When you trust your case to our team, we can walk you through the entire claims process and shoulder the legal burdens for you. We can explain what your claim may be worth, what to expect with insurers, and what is needed to prepare an effective claim.

Wrongful death damages include:

  • Any medical bills incurred prior to death (for treatment)
  • Funeral and burial expenses
  • The loss of financial support for the household, including wages and benefits
  • Loss of companionship for spouse and guidance for children
  • Pain and suffering felt
  • Punitive damages in extreme cases (DUI accidents, assault, etc.)

These damages will then be divided among the spouse and children or parents / heirs in a fair manner.

Statute of Limitations for Wrongful Death in South Carolina

In South Carolina, any wrongful death suit must be filed within three years of the victim’s death. In a wrongful death suit, time is absolutely crucial – you want to ensure that you retain the representation you need in order to meet the legal time limit. If you attempt to file a wrongful death lawsuit after this deadline has expired, the court will likely refuse to hear your case and you will essentially be barred from recovering compensation.

Contact the Attorneys at Pierce, Sloan, Kennedy & Early LLC

Pursuing a wrongful death claim can be challenging and bring emotional obstacles for mourning family members and loved ones. The good news is that Pierce, Sloan, Kennedy & Early LLC is here to ensure you don’t navigate this time on your own. When you retain the representation of our wrongful death attorneys in Charleston, you can rest easy knowing we have your best interests in mind. In fact, we don’t charge a single legal fee until and unless we win your case, giving you further peace of mind and assurance.

Ready to pursue justice for your loved one? Contact our firm at (843) 968-0886 today to set up a free consultation.

Why to Hire Us:
  • 125 Years of Combined Legal Experience
  • Valuable Resources on Our Side
  • National Success
  • Accomplished Advocacy