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What Constitutes a Wrongful Death in South Carolina?

As your Spartanburg wrongful death attorney, Tyler Rody is committed to advocating for your rights and pursuing fair compensation on your behalf.

April 29, 2024

In the wake of a tragic loss, understanding the legal implications of wrongful death is crucial for families seeking justice. The Law Office of Tyler Rody, located in Spartanburg, South Carolina, is dedicated to guiding families through the complexities of wrongful death cases. As your Spartanburg wrongful death attorney, Tyler Rody can tell you whether or not you have a valid wrongful death case. 

What is Wrongful Death? 

Wrongful death occurs when an individual dies due to the negligence, recklessness, or intentional actions of another party. In South Carolina, the laws surrounding wrongful death are outlined in the South Carolina Code of Laws, Title 15, Chapter 51, known as the "South Carolina Wrongful Death Act."

Under this act, certain criteria must be met to establish a wrongful death claim. There must be a death of a person caused by the wrongful act, neglect, or default of another. This wrongful act could be the result of various situations, including medical malpractice, automobile accidents, defective products, or even criminal acts.

Additionally, the surviving family members or the estate's personal representative must suffer damages as a result of the death. These damages can include medical expenses, funeral and burial costs, loss of income, loss of companionship, and emotional pain and suffering.

Who Can File a Wrongful Death Case? 

It's important to note that only certain individuals are eligible to file a wrongful death claim in South Carolina. Typically, the surviving spouse and children of the deceased have the primary right to become personal representative and file a claim. If there are no surviving spouses or children, the right may pass to the deceased's parents or other family members.

Navigating the legal process of a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. That's where the experience of a compassionate Spartanburg wrongful death attorney becomes invaluable. The Law Office of Tyler Rody understands the ins and outs of these cases and will do all they can to get you the compensation you deserve. 

How to Establish Wrongful Death Liability

One of the key elements in proving a wrongful death claim is establishing liability. This involves demonstrating that the defendant's actions directly caused the death of the victim. Tyler Rody will investigate the circumstances surrounding the death, gather evidence, consult with experts, and build a compelling case on your behalf. 

South Carolina follows a statute of limitations for filing wrongful death claims. In most cases, the claim must be filed within three years from the date of the deceased's death. Failing to file within this timeframe may result in the loss of the right to seek compensation.

At the Law Office of Tyler Rody, we recognize that no amount of compensation can fully alleviate the pain of losing a loved one. However, holding responsible parties accountable for their actions can provide a sense of closure and justice for grieving families.

Contact The Law Office of Tyler Rody Today 

As your Spartanburg wrongful death attorney, Tyler Rody is committed to advocating for your rights and pursuing fair compensation on your behalf. If you believe you have a wrongful death claim, contact Tyler today for a free consultation.

Tyler Rody

Tyler Rody


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