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Wrongful death is a difficult thing to experience as a family member. To watch your loved one suffer through an untimely death could bring up a lot of emotions. The stress alone could easily make legal action an afterthought, but pursuing a wrongful death case can help secure your family’s financial wellbeing.
When the time comes to consider your legal options, an experienced nursing home abuse attorney could help. The road to successful legal relief can be riddled with pitfalls and setbacks, but a Rock Hill wrongful death in nursing homes lawyer could guide your every step.
What is a Wrongful Death Action?
Wrongful death actions allow surviving representatives, typically family members, to bring a claim for damages for their loved one’s untimely death. South Carolina Code §15-51-10 defines wrongful death as a passing caused by a wrongful act through neglect or “default” of another.
For a claim to be successful, the deceased must have had the right to bring a personal injury action against the defendant had they survived the wrongful act. For example, if the defendant recklessly caused the deceased’s untimely death by causing a car accident, the deceased would have had the right to sue the defendant for negligence in a personal injury action if they had survived the crash.
Filing a Wrongful Death Lawsuit in Rock Hill
Determining who has the right to bring a nursing home wrongful death action in Rock Hill could be tricky. Generally, the administrator or executor of the deceased’s estate must file the lawsuit. If no administrator or executor is able to bring the case, the court could appoint one.
The administrator or executor, if they are not already a family member, pursues the action on behalf of the family members. The following people may seek damages on behalf of the deceased:
- Surviving spouse
- Surviving children
- If no spouse or child, surviving parents
- If no spouse, child, or parents, the heirs at law
Plaintiffs pursuing a wrongful death claim must do so within the statute of limitations. This is a time period in which plaintiffs must bring their lawsuit. If they fail to do so, they lose the right to sue for that cause of action. The wrongful death statute of limitations in South Carolina is three years.
Contact a Rock Hill Wrongful Death Attorney Today
Not everyone has the ability to dedicate the time, money, and resources it could take to bring an effective wrongful death claim. These cases involve complicated concepts and long hours of documentation and preparation. To many unrepresented plaintiffs, this process can seem overwhelming.
Balancing the loss of your loved one and simultaneously dealing with the financial consequences of the loss can be incredibly stressful for families. Thankfully, a Rock Hill wrongful death lawyer might be able to relieve some of this burden. They could provide legal support and commit their time and effort to help you develop your case. Call Schiller & Hamilton today to learn more about your legal options.