How Wrongful Death Laws Vary in Different States

Understanding the Similarities and Differences Between Wrongful Death State Law Across the Country

Wrongful death laws vary considerably from state to state. As bereaved families search for justice and closure, it’s crucial to understand the local regulations that may apply in their case. These laws dictate who can file the claim, what damages may be recovered, and other critical considerations. It’s vital to seek the expertise of a wrongful death attorney who knows your state’s law to effectively guide your family through legal complexities and fight for the justice you deserve.

Basics of Wrongful Death Laws in South Carolina

While the particulars of wrongful death laws are different in each state, the idea behind them is generally similar. In South Carolina, the definition of wrongful death is an extension of tort law. This is the branch of the legal system that allows people who have suffered a civil wrong to seek compensation for damages.

If a person dies in South Carolina as the result of someone else’s negligence or intentional act, it may be possible to file a wrongful death lawsuit on their behalf. Put another way, a wrongful death lawsuit takes the place of the personal injury claim the victim may have made had they survived their injuries. The at-fault party in a wrongful death case can be an individual, but it can also be a business, a government entity, or some other organization.

Possible Differences in Wrongful Death Laws Between States

All across the United States, criminal and civil cases involving a wrongful death are separate. Someone may face criminal charges for manslaughter or drinking and driving, but that case is distinct from any civil action the family may file for financial compensation. If and when they file for wrongful death, heirs and beneficiaries of the decedent need to be aware of potential differences across states.

Different Statute of Limitations

Families have a limited amount of time from their loved one’s passing to file a wrongful death lawsuit. South Carolina’s statute of limitations is three years in most cases. Other states that share the three-year limit include Minnesota, Arkansas, and Missouri.

In states like North Carolina, Alaska, and Georgia, the statute of limitations is two years. The time limit is only one year in Louisiana, Kentucky, and Tennessee. While the statute of limitations is usually three years in Mississippi, it’s only one year if the death was caused by an intentional act. It can be up to five years in Illinois.

Comparative Negligence vs. Contributory Negligence

With the noted exception of South Dakota, each state applies one of three approaches to partial blame in personal injury and wrongful death cases.

Pure contributory negligence. If the plaintiff is to blame at all for the accident, they cannot recover damages in states like Alabama, North Carolina, and Virginia.
Pure comparative negligence. Recoverable damages are reduced by the percentage of fault attributed to the plaintiff in states like Florida, New York, and Rhode Island.
Modified comparative negligence. The plaintiff can only recover damages if they’re less than 50 or 51 percent to blame in South Carolina, Wyoming, and Oklahoma.

Who Can File a Wrongful Death Lawsuit

In most states, the person who can file a wrongful death lawsuit is the personal representative named in the deceased’s will. They may also be called the executor or administrator of the estate. Some states allow other people to launch a wrongful death case, too. Arizona allows surviving spouses, children, parents, or guardians. In Kansas, any heir at law who has suffered a loss due to the death may make a claim.

Survival Action vs. Wrongful Death Claims

Survival action is separate from but related to a wrongful death case. It’s meant to recover losses and damages sustained by the victim before their passing. This may apply in certain cases of nursing home abuse, for instance. While most states have survival statutes, the laws vary by state for what personal injury lawsuits may be eligible. Illinois doesn’t allow survival action for slander or libel, for instance.

Potential Damages to Recover

Economic damages may include medical bills, lost wages, and funeral costs. In calculating wrongful death damages, it’s important to account for non-economic damages too. These may include loss of comfort and companionship. State laws vary on the extent of non-economic damages you may recover in a wrongful death case. Alaska, Colorado, and Hawaii are states with maximum amounts for recoverable non-economic damages.

Seeking Punitive Damages

Along with economic and non-economic damages, many states also allow wrongful death settlements to include punitive damages. The South Carolina Code of Laws Section 15-51-40 states that the court may award exemplary damages if the “wrongful act, neglect, or default was the result of recklessness, willfulness, or malice.”

South Carolina law typically caps exemplary damages at $500,000 or three times compensatory damages. California, Connecticut, and Hawaii have no limit on punitive damages. Punitive damages are only allowed in specific circumstances in Louisiana, Massachusetts, and Michigan. The maximum amount depends on the defendant’s net worth in Mississippi and Montana.

Importance of a South Carolina Wrongful Death Attorney Knowledge and Experience

Wrongful death laws are different in every state. Understanding the specific nuances of applicable state law is critically important when pursuing a claim. This goes beyond reading the laws themselves to having practical experience in how the courts apply these laws to real cases.

At Pracht Injury Lawyers, we strive to protect your legal rights with everything we have. One of our clients called us “the best in the upstate,” emphasizing that we “truly care about [our] clients and work hard to deliver amazing results.” Let us work hard for you and your family during this difficult time.

Do all states have the same wrongful death laws?