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What is a Wrongful Death Lawsuit?

Field Dunaway • Nov 02, 2023

Wrongful Death Lawsuits: What they are and who can recover damages?

Wrongful death is when someone loses their life because of something another person or a company did wrong. It could be a car accident caused by someone not paying attention while driving, a mistake made during a medical procedure, or even a dangerous product that a company sold. In these cases, the person or entity responsible for the actions that led to the death can be held legally accountable for the loss of life. The Dunaway Law Firm is highly skilled in assessing each unique claim regarding a potential wrongful death suit and we are prepared and able to handle the legal process so you may focus on grieving those loved ones you have lost.


What can be recovered financially?


The damages recovered in a wrongful death lawsuit may include compensation for various losses, such as:



  1. Medical and funeral expenses related to the deceased's final illness or injury.
  2. Lost financial support, including the income the deceased would have provided to the family.
  3. Loss of companionship and emotional support experienced by surviving family members.
  4. Pain and suffering of the deceased before their death.
  5. Punitive damages (in some cases) if the responsible party's actions were particularly egregious.


Who is entitled to receive money?


The distribution of wrongful death damages in South Carolina typically follows a specific order of priority, with the funds awarded going to the deceased person's surviving family members. Below is a general overview of how the distribution is structured in South Carolina:


  1. Surviving Spouse and Children: In South Carolina, the compensation is typically awarded first to the surviving spouse and children. If there is no surviving spouse, all of the money is to go to the children. If the deceased had no children but did have a living spouse at the time of death, the spouse would receive the entire award.
  2. Surviving Parents: If there is no surviving spouse or children, the compensation may go to the deceased person's parents.
  3. Heirs: If there are no surviving spouse, children, or parents, the compensation may be distributed to other heirs of the deceased, such as siblings or other close family members.


It's important to note that South Carolina law can be quite specific about the distribution of wrongful death damages, and the details may vary depending on the circumstances of the case and the relationships between family members. It is important that you hire an attorney who understands these complexities and can navigate the laws pertaining to wrongful death claims and the distribution of any monies awarded or given through settlement. Dunaway Law Firm offers a free legal consultation to every individual and we can determine for you if you have a claim for wrongful death in the wake of losing your loved one.


The statute of limitations for wrongful death in South Carolina is three years from the date of death. If you suspect a death of your family member was caused by the wrongdoing or negligence of a person or company, you should contact our office immediately. Initial consultations are free and confidential. Call us today at (864) 224-1144.

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