If a person dies because of the negligence or carelessness of another, South Carolina law allows for certain family members of the deceased to benefit from an action called a wrongful death action, even if the person did not leave behind a will. The probate court must appoint a person, usually a family member, and usually the spouse if the deceased was married, to represent the interests of the deceased’s estate in a wrongful death case. South Carolina law allows for a monetary amount to be recovered for the loss of companionship, grief, hurt feelings, sorrow, loss of guidance the deceased provided, and loss of support that the deceased may have provided in the future. The focus of a wrongful death case under South Carolina law is the affects of the death on the deceased’s heirs as defined under South Carolina law.

South Carolina is a comparative negligence state and as such, as long as a person is not greater than 50% at fault in an accident, there can still be a recovery. However, if jury determines that a person was 51 % at fault or greater, then the person would recover nothing.

Wrongful death cases are usually very tragic cases. Because a car accident can be deadly, it may involve claims of wrongful death. If a person’s death is caused by unsafe conditions on property, there may be claims of wrongful death. A wrongful death action is a civil action, not a criminal case.

By writing this blog, hopefully readers can learn information about wrongful death cases and thereby become more informed about wrongful death and also how easily a tragic death can occur in the course of operating an automobile.

The Thomas Creech Law Office represents people and families in cases of wrongful death in Greenville SC and other Upstate SC communities. If you or a family member have questions about wrongful death cases, automobile accident cases, personal injury cases in general, or would like information about such cases, feel free to call the Thomas Creech Law Offices in Greenville SC at 864-235-4999.