A wrongful death lawsuit cannot make up for the emotional trauma of losing a loved one. However, skilled Hilton Head personal injury attorneys can help ensure that you and your family are financially protected in the aftermath.
Wrongful death law is intricate, so you need highly qualified and experienced advocates to help you build a case when the death of a family member is caused by negligence.
The basics of wrongful death law
Wrongful death law seeks to:
- Determine whether a death was caused by the negligent, reckless, or intentional actions of another party
- Recognize the legal heirs or representative of the deceased
- Award pecuniary damages to the heirs (to cover costs of medical expenses and funeral services, as well as lost income and other monetary assets)
- Determine punitive damages, if applicable (there must be proof of actual damages)
The statute of limitations for filing a Hilton Head Island wrongful death claim
Under wrongful death law, wrongful death claims must be filed within a certain time period after the incident. The statute of limitations in South Carolina is three years. This is one reason that it is important to have an experienced lawyer working for your interests at a time when you and your family might still be reeling from the trauma of your loss.
Applying the discovery rule to a wrongful death claim
In some cases, the statute of limitations may be extended if the initial injury or cause of death is not immediately apparent (where a defective product, misdiagnosis, or toxic substance was involved, for instance). The discovery rule allows a wrongful death case to be initiated when the injury or cause is discovered, even if this occurs after the person has died. The statute of limitations begins when the discovery of the cause of death is made.
Reach out to us for help with your Hilton Head Island wrongful death lawsuit
Hilton Head personal injury law firm, David H. Berry, P.C. has been serving the area for more than 25 years. Our attorneys understand the legal complications involved in wrongful death cases where the cause of death is initially unknown or uncertain, and we know that establishing discovery is not always easy. We have the expert investigation skills necessary to identify the negligent party at fault, and a team who will represent your wrongful death claim fairly and aggressively in court. Contact us for a free initial consultation.