Wrongful Death Lawyer in Lexington, SC

Losing a loved one because of another’s negligent or wrongful conduct is among the most devastating experiences anyone can go through. While money can’t bring back your loved one, South Carolina law allows certain surviving family members to seek compensation when a preventable death occurs.

If your family lost someone due to negligence, you can count on the Kinard Law Group for compassionate legal guidance. You can trust our wrongful death attorneys in Lexington, SC, to help you navigate a wrongful death claim that may provide your family with financial support, hold the negligent party accountable, and help your family move forward after an unexpected loss.

Can I File a Wrongful Death Claim in South Carolina?

You can file a wrongful death action in South Carolina if you’re the administrator or executor of the deceased individual’s estate. The compensation recovered from the claim will be given to the surviving spouse, children, parents, or other heirs as stated in S.C. Code Ann. § 15-51-20.

Because these claims must be filed through the estate, families normally have questions about who should serve as the personal representative and how the legal process begins. Our Lexington, SC, wrongful death lawyers can help you address those issues early to avoid unnecessary delays, ensure your loved one’s estate is properly represented, and preserve essential evidence required for your claim.

What Damages Can Surviving Families Recover?

A wrongful death claim is intended to address both the financial and personal losses caused by your loved one’s preventable death. Under S.C. Code Ann. § 15-51-40, damages may include:

• Funeral and burial expenses
• Medical bills related to your loved one’s final injury or illness
• Lost financial support
• Loss of companionship
• The mental shock and suffering experienced by surviving family members

If applicable, the court may also award punitive damages intended to punish a defendant’s especially reckless or intentional conduct.

Every family’s loss is different, which is why a wrongful death claim should reflect not only financial losses but also the personal impact the death has had on those left behind. A parent who supported young children, for instance, leaves behind different financial and emotional needs than an elderly retiree.

Is a Deadly Accident Always a Wrongful Death Claim?

No. Not every fatal accident is automatically considered a wrongful death. A claim generally arises when another person’s wrongful, reckless, or negligent conduct causes a preventable death. In South Carolina, that might involve a distracted driver, a property owner who ignored dangerous conditions, a healthcare provider whose medical error caused a fatal injury, or another party whose actions fell below the required standard of care.

After a deadly accident, reviewing whether those legal requirements are met isn’t always immediately obvious. Determining whether a wrongful death claim exists typically requires reviewing the available evidence, identifying everyone who may share legal responsibility, and understanding exactly how the death occurred.

Why It’s Crucial to Act Quickly After a Wrongful Death

The legal deadline is only one reason to act promptly after losing your loved one in a fatal accident. South Carolina generally requires wrongful death lawsuits to be filed within three years of the death date, but waiting can make it more difficult to protect your family’s interests. Key witnesses may be harder to locate, businesses may routinely delete surveillance footage, and records that help explain what happened can become more difficult to obtain as time passes.

Explore Your Family’s Legal Options With Our Lexington, SC, Wrongful Death Attorneys

A wrongful death claim can’t undo what happened or replace your loved one. However, it can provide your family with financial stability, hold the responsible party liable for your losses, and help your family move forward with greater security. To learn more about how wrongful death lawyers in Lexington, SC, can help, arrange your complimentary consultation by contacting Kinard Law Group at 803-359-1003 or online.