Can I bring a wrongful death lawsuit for a child or an elderly person?

Understanding Wrongful Death Lawsuits in South Carolina

Losing a loved one is always difficult, but it can be especially painful when their death is caused by someone else’s negligence or wrongdoing. In South Carolina, the law allows surviving family members to seek compensation through a wrongful death lawsuit. But what happens when the deceased is a child or an elderly person? This article will explain the legal aspects of wrongful death claims for children and elderly individuals in South Carolina.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action brought when someone dies due to the negligent, reckless, or intentional act of another person or entity. These lawsuits are meant to compensate surviving family members for their loss, covering damages such as medical expenses, funeral costs, loss of companionship, and financial support.

Under South Carolina law, wrongful death claims are governed by Section 15-51-10 of the South Carolina Code of Laws. The lawsuit must be filed by the executor or administrator of the deceased person’s estate, usually on behalf of surviving family members.

Can You File a Wrongful Death Lawsuit for a Child?

Yes, in South Carolina, parents or legal guardians can file a wrongful death lawsuit if their child dies due to someone else’s negligence. However, the case differs depending on the child’s age.

Infant and Young Child Cases

If a newborn or very young child passes away due to negligence—such as medical malpractice during childbirth—parents may bring a wrongful death claim. Examples of negligence in these cases include:

•       Medical errors during delivery
•       Failure to diagnose a serious condition
•       Defective products like unsafe cribs or car seats

Older Minors

For older children, wrongful death lawsuits often involve incidents like:

•       Car accidents
•       Drowning accidents due to unsafe conditions
•       Negligence by caregivers or schools
•       Defective toys or products

Since children do not earn income, courts in South Carolina consider different factors when awarding damages, such as loss of companionship, emotional suffering, and future contributions the child may have made to the family.

Can You File a Wrongful Death Lawsuit for an Elderly Person?

Yes, wrongful death lawsuits can also be filed for elderly individuals. Many wrongful death claims for seniors involve:

•       Nursing home abuse or neglect
•       Medical malpractice
•       Car accidents
•       Slip and fall accidents
•       Defective medical devices or medications

Challenges in Elderly Wrongful Death Cases

One challenge in wrongful death lawsuits for seniors is determining economic damages. Unlike younger individuals, elderly victims may not have lost future wages. However, South Carolina courts recognize the value of a senior’s contributions to their family, such as:

•       Emotional support and companionship
•       Guidance and wisdom
•       Household services

Families can also seek compensation for medical expenses, funeral costs, and pain and suffering.

Who Can File a Wrongful Death Lawsuit in South Carolina?

Under South Carolina law, only the executor or personal representative of the deceased person’s estate can file a wrongful death claim. However, the lawsuit benefits the deceased’s spouse, children, parents, or heirs.

If the deceased was a child, the parents are usually the rightful beneficiaries. If the deceased was an elderly person, compensation typically goes to their spouse or children. If no direct family members exist, the settlement may be distributed to other legal heirs.

What is the Statute of Limitations for Wrongful Death Claims in South Carolina?

South Carolina has a three-year statute of limitations for wrongful death claims. This means the lawsuit must be filed within three years from the date of the person’s death. If the claim is not filed in time, the court will likely dismiss it, preventing the family from recovering any compensation.

Types of Compensation in a Wrongful Death Case

The damages awarded in a wrongful death lawsuit depend on the circumstances of the case but often include:

•       Medical expenses related to the deceased’s final injury or illness
•       Funeral and burial costs
•       Loss of financial support (if applicable)
•       Loss of companionship and emotional suffering
•       Pain and suffering experienced by the deceased before their passing

Proving Negligence in a Wrongful Death Case

To succeed in a wrongful death claim, the plaintiff must prove that:

1. The defendant owed a duty of care to the deceased.
2. The defendant breached that duty through negligence or intentional wrongdoing.
3. The breach directly caused the death.
4. The family suffered damages as a result.

Evidence such as medical records, eyewitness testimony, expert analysis, and official reports can be crucial in building a strong case.

Should You Hire a Wrongful Death Attorney in South Carolina?

Wrongful death cases can be complex, especially when dealing with legal rules specific to South Carolina. Hiring an a wrongful death attorney can help families understand their rights, gather evidence, and negotiate for fair compensation. A wrongful death attorney in South Carolina can also ensure the lawsuit is filed within the statute of limitations.