Wrongful Death & Survival

In the most tragic of events, when the misconduct of another results in death, South Carolina law allows the surviving family members to pursue a civil claim against those who are to blame. In these cases, a personal representative of the deceased person’s estate serves as the plaintiff and pursues the claim on behalf of the surviving spouse, children and other beneficiaries identified in the wrongful death statute.

South Carolina law also recognizes a claim for survival. This civil cause of action is aimed at allowing a deceased patient’s estate to pursue a claim for the suffering that occurred between the time of the negligent conduct and the patient’s death. Medical professionals who commit malpractice and nursing homes who fail to provide proper care to the elderly can be sued for wrongful death and survival.

At Duffy & Young, we never lose sight of the fact that a lawsuit cannot bring back a loved one and we never forget that such a loss is an incredible tragedy. These cases matter a great deal to our firm, and we take the trust placed in us seriously. Our goal in representing families in wrongful death cases is to hold the people and companies accountable for the preventable and avoidable death of a loved one. A successful wrongful death case results in financial recovery that can help provide for the surviving family members in the coming years.