When someone dies because of another party’s negligence, the family they leave behind is often left facing grief, financial uncertainty, and questions about what legal options even exist.
Auger & Auger Accident and Injury Lawyers has helped families across North and South Carolina through wrongful death cases since 1995. Our personal injury lawyer in Fort Mill from our team is here to answer those questions with honesty and care.
Our wrongful death lawyers in Fort Mill average 19 years of personal injury experience each, and we’re confident we can give you the compassionate representation you need. Contact us to schedule a free consultation.
Who Can File a Wrongful Death Claim in South Carolina
South Carolina law governs who has the right to bring a wrongful death action, and the rules are specific. The claim must be filed by the personal representative of the deceased person’s estate, but the compensation recovered goes to certain statutory beneficiaries.
Those beneficiaries are typically the surviving spouse and children, or if there are none, the surviving parents, and if none survive, the heirs of the deceased. Understanding who qualifies, who brings the claim, and how any recovery is ultimately distributed requires careful attention to the law.
Our wrongful death lawyers in Fort Mill will walk you through this process from the start so that the legal questions do not become an additional source of stress during an already devastating time.
What Has to Be Proven in a Wrongful Death Case
A wrongful death claim in South Carolina requires proving the same elements as any personal injury claim. We must show the defendant owed the deceased a duty of care, that they breached that duty, and that the breach caused the death. The difference is that the person who suffered the harm is no longer here to tell the story.
In many wrongful death cases, the underlying incident is a car accident, truck accident, or other collision. The same physical evidence, witness accounts, and records that would matter in an injury case matter here as well.
In other cases, the death results from a workplace accident or a dangerous condition on someone else’s property. Regardless of the circumstances, our attorneys build the factual record that your family’s case requires.
What Damages are Available in a Wrongful Death Claim
The damages available in a South Carolina wrongful death claim are designed to compensate the statutory beneficiaries for the losses they have suffered as a result of the death. These can include:
- The financial support the deceased would have provided over their expected lifetime, including lost wages and future earning capacity
- The value of household services the deceased performed and would have continued to perform
- Medical expenses incurred between the time of the incident and the time of death
- Funeral and burial costs
- Loss of companionship, care, guidance, and the other non-economic contributions the deceased made to the lives of their family members
South Carolina also allows a separate survival action, which is brought on behalf of the deceased’s estate and seeks compensation for the pain and suffering the deceased experienced between the incident and their death. These two claims are often pursued together.
South Carolina’s Statute of Limitations for Wrongful Death
South Carolina law gives surviving families a limited window to bring a wrongful death claim, and the timeline matters as much as the strength of the case itself. Key things to understand about the deadline include:
- The standard statute of limitations is three years from the date of death
- Missing the deadline can bar recovery entirely, regardless of how clear the liability may be
- Claims involving government entities may require earlier notice and carry shorter filing windows
Consulting with a wrongful death attorney in Fort Mill as early as possible helps make sure nothing is missed and that the investigation begins while the evidence is still available.
Why Auger & Auger for Fort Mill Wrongful Death Cases
Auger & Auger is a local, family-owned firm that has served people across North and South Carolina for three decades. We understand that a wrongful death case is not just a legal matter. It is deeply personal, and families navigating it are entitled to clear communication, honest guidance, and attorneys who treat the case with the seriousness it requires.
If meeting at our office is difficult during this time, we will come to you. The A & A Zero Fee Guarantee™ means there is no financial risk in coming to us for a case review. You will owe us nothing unless you recover compensation for your loved one.
Contact a Wrongful Death Lawyer in Fort Mill
If you have lost a family member due to someone else’s negligence in Fort Mill, please reach out to Auger & Auger Accident and Injury Lawyers. Contact us today for a free, confidential case review. Our Fort Mill wrongful death attorneys will help you understand what options may be available to your family.
