You're still reeling from the sudden loss of your spouse in a tragic car accident. As you sort through mounting bills and expenses, you wonder how you'll manage these unexpected final costs while grieving. The funeral home needs payment, the cemetery requires fees for the plot and headstone, and you're overwhelmed by the many financial decisions you must make during this difficult time.
At Pracht Injury Lawyers, we understand the financial strain that accompanies the heartbreaking loss of a loved one. Our Anderson wrongful death lawyers regularly help families pursue compensation for burial costs and other recoverable expenses after fatal accidents. Let us explain how South Carolina law protects your right to recoup these costs.
Understanding Funeral Expense Recovery Under South Carolina Law
In South Carolina, funeral and burial costs are recoverable through wrongful death and survival actions. Under South Carolina Code § 15-51-10, the personal representative of the deceased's estate can pursue compensation for:
- Professional funeral home services
- Casket and burial vault costs
- Cemetery plot and headstone expenses
- Transportation of the deceased
- Memorial service arrangements
- Flowers and other ceremonial items
For example, if your loved one died in a truck accident on I-85 near Anderson, you could recover the $15,000 in funeral costs through the wrongful death claim against the negligent truck driver and trucking company.
South Carolina's modified comparative negligence law may affect the recovery of funeral expenses. If your loved one was partially at fault for causing the fatal accident, the courts may reduce recoverable expenses by their percentage of fault. You can still recover costs as long as they were no more than 50% responsible for the accident.
Claiming Funeral Expenses Before Payment
South Carolina law allows you to include funeral and burial expenses in your wrongful death claim even if you haven't paid these costs yet. The law recognizes that many families need time to arrange payment, especially when dealing with unexpected funeral expenses.
You can claim compensation for funeral expenses you've already paid, bills you've received but haven't paid yet, expected costs for services not yet rendered, and future expenses for permanent memorials or headstones.
For example, if the funeral home has provided a $12,000 estimate, but you've only paid a $3,000 deposit, you can still include the full amount in your claim. Similarly, if you plan to purchase a headstone six months after burial, you can include this anticipated expense. You must support these claims with proper documentation, like contracts for funeral services or price lists for planned memorial items.
Our wrongful death lawyers often work directly with funeral homes and cemeteries to document these expenses properly. We can help ensure your claim includes all current and anticipated costs related to your loved one's funeral and burial.
Two Ways to Recover Funeral Expenses in South Carolina
South Carolina law provides two distinct legal paths for recovering funeral costs after a fatal accident: wrongful death and survival action.
Wrongful Death Action
A wrongful death claim belongs to the surviving family members and seeks compensation for their losses, including:
- Funeral and burial expenses
- Lost financial support and benefits
- Loss of companionship and guidance
- Mental anguish and emotional suffering
For instance, if you lost your spouse with an annual salary of $75,000, the wrongful death action would seek compensation for funeral costs and decades of lost future earnings.
Survival Action
Survival action refers to a claim that belongs to the deceased person's estate. It covers:
- Medical expenses before death
- Funeral and burial costs
- Pain and suffering experienced before death
- Lost wages before death
If your loved one spent two weeks in the hospital before passing away, the survival action would seek recovery of medical bills, lost wages, and funeral expenses.
Choosing the Right Path for Your Situation
Many families wonder whether to pursue funeral expenses through a wrongful death action, survival action, or both.
A wrongful death action may be more appropriate when death was instantaneous, there were minimal medical expenses, the primary damages are future losses to the family, and the deceased had no assets in their estate. A survival action may be better when there were significant medical expenses before death, the victim experienced considerable pain and suffering before passing away, and there are estate debts to be paid.
In most cases, filing both actions at the same time provides the best opportunity for full recovery. This approach ensures all possible damages are pursued and prevents any procedural issues that might limit recovery. Your South Carolina wrongful death lawyer can help determine the most effective strategy for your specific situation.
Proving Funeral Expenses in Your Wrongful Death Claim
Our Anderson wrongful death lawyers help families document and verify funeral costs by:
- Gathering all bills, invoices, and receipts
- Working with funeral homes to itemize expenses
- Documenting transportation and ceremonial costs
- Comparing costs to local averages
- Having financial experts review the expenses
We ensure all legitimate costs are properly documented and included in your claim. This careful documentation helps prevent insurance companies from questioning or denying reasonable funeral expenses.
Understanding Time Limits for Filing Claims
Under South Carolina Code § 15-3-530, you generally have three years from the date of death to file wrongful death and survival actions. However, this deadline may be shorter with wrongful death claims against government entities, medical malpractice cases, and claims involving minors.
Missing these deadlines can permanently bar your right to recover funeral expenses and other damages. That's why it's crucial to consult with an experienced wrongful death lawyer as soon as possible after a fatal accident.
Dealing with funeral expenses and burial costs while grieving is overwhelming. The caring legal team at Pracht Injury Lawyers will handle the legal and financial aspects of your case so you can focus on your family. We have extensive experience helping families across Anderson, Greenville, Columbia, and all of South Carolina pursue recoverable damages after fatal accidents.