Crantford Meehan has helped me extremely through the hardest time in my life and has gotten me such an AMAZING recovery after my accident. I highly recommend them to any and everyone I know. Even after my own mother got into an auto accident, they have helped us both successfully move forward with our lives...
South Carolina’s wrongful death statute (Section 15-51-10) allows the personal representative of a deceased person’s estate to file a lawsuit when a death is caused by the wrongful act, neglect, or default of another party. The damages recovered in a wrongful death case are distributed to the surviving spouse, children, and in some cases, other dependents of the deceased.
At Crantford Meehan, our Summerville office handles wrongful death cases arising from a wide range of circumstances, including fatal car and truck accidents on I-26, Highway 78, and Dorchester County roads, motorcycle and pedestrian fatalities, workplace accidents and construction site deaths, medical malpractice and surgical errors, nursing home abuse and neglect resulting in death, and defective product-related fatalities.
Wrongful death cases are among the most complex and emotionally difficult cases in personal injury law. They require thorough investigation, expert testimony, and careful calculation of damages that account for decades of lost financial support, guidance, and companionship. Insurance companies and corporate defendants aggressively defend these cases because the stakes are high. You need attorneys who have the experience, resources, and determination to stand up to them.
Our attorneys handle wrongful death cases for families throughout the Summerville area, including Ladson, Ridgeville, St. George, Jedburg, North Charleston, Goose Creek, and all of Dorchester and Berkeley Counties. We approach every case with the compassion and sensitivity that grieving families deserve while pursuing the maximum compensation the law allows.
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South Carolina’s wrongful death statute allows families to recover compensation for the full economic and non-economic impact of losing a loved one.
Funeral and Burial Expenses
The estate can recover the reasonable costs of funeral services, burial or cremation, and related expenses.
Loss of Financial Support
When a family loses a wage earner, the financial impact can be catastrophic. We work with forensic economists to calculate the total value of the deceased person’s expected future earnings, benefits, and financial contributions to the household over their remaining life expectancy.
Loss of Companionship and Guidance
The surviving spouse and children are entitled to compensation for the loss of the deceased person’s love, companionship, comfort, guidance, and parental direction. These non-economic damages are often the largest component of a wrongful death recovery and reflect the immeasurable value of the relationship that has been taken.
Mental Anguish and Grief
Surviving family members can recover compensation for the grief, sorrow, and mental anguish they suffer as a result of the wrongful death. The psychological impact of suddenly losing a spouse, parent, or child is profound and long-lasting.
Punitive Damages
In cases involving drunk driving, extreme recklessness, or intentional conduct, South Carolina law allows the jury to award punitive damages to punish the wrongdoer and deter similar behavior in the future. There is no cap on punitive damages in South Carolina wrongful death cases.
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(843) 832-1120The wrongful death attorneys at Crantford Meehan have the experience and resources to handle even the most complex fatal accident cases. We conduct thorough investigations, retain the right experts, and build compelling cases that demonstrate the full impact of your loss.
We understand that no amount of money can replace your loved one. But we also know that holding the responsible parties accountable and securing your family’s financial future is an important step in the healing process. We are committed to providing compassionate, aggressive representation to every family we serve.
If you have lost a loved one due to someone else’s negligence, here is what you should do to protect your family’s legal rights:
1. Preserve All Evidence
Do not dispose of any physical evidence related to the death, including vehicle parts, defective products, medical records, or correspondence. If the death resulted from a car or truck accident, do not authorize the disposal of the vehicles involved.
2. Obtain the Death Certificate and Autopsy Report
These documents are critical evidence in a wrongful death case. If an autopsy was not performed, your attorney may recommend requesting one.
3. Do Not Speak to Insurance Companies or the Other Party
Insurance adjusters will contact the family quickly after a fatal accident. They are trained to gather information that can be used to limit the company’s liability. Do not give recorded statements or sign any documents without legal counsel.
4. Appoint a Personal Representative
Under South Carolina law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. If there is a will, the executor named in the will typically serves as personal representative. If there is no will, the court will appoint one.
5. Contact Crantford Meehan Immediately
Time is critical in wrongful death cases. Evidence can be destroyed, witnesses can become unavailable, and statutes of limitations apply. Call us at (843) 376-4030 for a free, compassionate consultation. We will guide you through the legal process while you focus on your family.
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Who can file a wrongful death lawsuit in South Carolina?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The damages recovered are distributed to the surviving spouse and children. If there is no surviving spouse or children, other heirs may be eligible to receive a share of the recovery.
How long do I have to file a wrongful death lawsuit?
South Carolina has a three-year statute of limitations for wrongful death claims, generally running from the date of death. However, some circumstances can shorten this deadline, so it is critical to consult an attorney as soon as possible.
Can I file a wrongful death claim if the at-fault party was charged with a crime?
Yes. A wrongful death civil lawsuit is separate from any criminal prosecution. You can pursue a civil case regardless of whether criminal charges are filed, and the burden of proof in a civil case is lower than in a criminal case.
What if my loved one was partially at fault?
South Carolina’s modified comparative negligence rule applies to wrongful death cases. As long as the deceased was less than 51 percent at fault, the family can still recover damages, reduced by the percentage of fault attributed to the deceased.
How much does it cost to hire a wrongful death lawyer?
Crantford Meehan handles all wrongful death cases on a contingency fee basis. There are no upfront costs and no fees unless we recover compensation for your family.
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