Trusted Myrtle Beach Wrongful Death Attorneys
Losing a loved one due to someone else’s negligence is one of life’s most painful tragedies. In Myrtle Beach and throughout Horry County, families confronting sudden death often feel powerless and overwhelmed by grief and legal uncertainty. A wrongful death claim offers a path for accountability, financial recovery, and justice. The lawyers at David W. Martin Law Group are ready to provide compassionate and experienced representation during these difficult times.
We represent surviving family members in wrongful death actions throughout South Carolina. We understand how local courts, judges, and juries respond to these sensitive cases and use that insight to build strong claims on behalf of grieving families.
Understanding Wrongful Death in South Carolina
Wrongful death is a legal claim brought when a person’s death is caused by someone else’s wrongful act, neglect, or default. It is not about punishing the at-fault party, but instead securing justice and support for the surviving family. Under South Carolina Code Section 15-51-10, specific individuals are permitted to file a wrongful death lawsuit.
The purpose of a wrongful death claim is to compensate the survivors for the losses arising from the death. These losses typically include both economic and non-economic damages.
- Economic damages are the measurable financial losses, such as funeral and burial costs, medical expenses incurred before death, lost wages that the deceased would have earned, and loss of benefits the deceased would have provided.
- Non-economic damages are more subjective harms, such as pain and suffering suffered by the deceased before death, loss of companionship, loss of guidance, or emotional distress suffered by survivors.
To succeed in a wrongful death case, the plaintiff must prove, by a preponderance of the evidence (meaning more likely than not), that the defendant’s negligence or wrongful conduct caused the decedent’s death. In some cases, intentional acts (such as assault) may lead to a wrongful death claim.
Because wrongful death is a kind of derivative claim, the survivors do not bring it in the name of the deceased, but in their own capacity. Eligible claimants are often the spouse, children, or parents of the deceased.
Common Causes of Wrongful Death in Myrtle Beach
Tragic and preventable events that lead to wrongful death lawsuits often arise from negligence, unsafe conditions, or reckless behavior.
In Myrtle Beach and Horry County, common causes include:
- Car, truck, and motorcycle accidents often involve speeding, distracted driving, or drunk driving.
- Pedestrian or bicyclist collisions, especially in tourist areas, crosswalks, or near attractions.
- Boating or watercraft accidents occur in the local coastal environment.
- Premises liability incidents, such as slip-and-fall, drownings, or negligent security at hotels, oceanfront properties, or entertainment venues.
- Medical malpractice occurs when a health provider’s error or omission causes death.
- Workplace accidents, especially in construction, maritime, or hospitality industries.
- Defective products or equipment, if a mechanical failure leads to fatal injuries.
In each of these scenarios, multiple parties may share liability, including drivers, property owners, manufacturers, healthcare providers, and government agencies.
How Wrongful Death Claims are Filed in Horry County
Wrongful death cases involving serious negligence or fatal injuries typically proceed in Horry County Circuit Court.
The process usually involves:
- Filing a complaint that sets out who is suing, who is being sued, the facts of the death, and the damages sought.
- Serving that complaint on the defendant(s), who must respond by admitting or denying liability.
- A discovery phase, where both sides exchange evidence, take depositions, and collect documents.
- Pretrial motions, such as motions to dismiss or motions for summary judgment, to narrow the issues or avoid a full trial.
- Negotiations or mediation in an effort to settle without trial.
- If no agreement is reached, the case goes to trial, where a jury or judge will decide liability and damages.
The statute of limitations for wrongful death in South Carolina is generally three years from the date of death. If this deadline is missed, the claim is usually barred, regardless of the merits. That makes prompt action critical.
Elements Required to Succeed in a Wrongful Death Case
To recover in a wrongful death lawsuit, certain legal elements must be proven. Each one is essential to holding the defendant accountable.
These elements include:
- Duty: the defendant owed a legal obligation to the decedent (for example, a driver must operate a vehicle safely, or a property owner must maintain safe premises).
- Breach: the defendant breached that duty by acting negligently, recklessly, or intentionally.
- Causation: that breach directly caused the decedent’s injuries and death.
- Damages: measurable harm to the survivors, including both economic and non-economic losses.
Our attorneys carefully examine every aspect of the case – police reports, medical records, autopsy findings, witness statements, and expert testimony – to build a strong case for each required element.
Types of Damages Available in a Myrtle Beach Wrongful Death Suit
In a South Carolina wrongful death claim, damages are meant to address the full impact of the loss on surviving family members.
Typical damages pursued include:
- Funeral and burial costs and expenses preceding death.
- Medical and hospital bills incurred before death.
- Loss of the decedent’s expected income and benefits.
- Loss of inheritance or estate value.
- Loss of services, care, guidance, and companionship provided by the decedent.
- Pain and suffering experienced by the decedent before death.
- Loss of consortium or affection suffered by survivors.
The amount awarded depends on the facts of the case, including the decedent’s age, health, earning potential, and the nature of the relationship with survivors.
Why Local Experience Matters in Myrtle Beach
Wrongful death cases require powerful legal advocacy and a deep understanding of local courts. Myrtle Beach is part of Horry County, and the behaviors of judges, juries, and prosecutors in this region differ from those in other areas. Local accident patterns, especially on coastal roads, in tourist zones, and in beachfront properties, present unique legal challenges.
At David W. Martin Law Group, our attorneys regularly handle wrongful death claims in Horry County Circuit Court. We are familiar with the local statutes, procedural rules, and evidentiary standards applicable in this jurisdiction. We also understand how to work with local medical examiners, coroner’s offices, law enforcement agencies, and expert witnesses in the Myrtle Beach area. That localized insight enables us to anticipate defenses and counterarguments before they emerge.
How David W. Martin Law Group Helps Grieving Families
When you hire us after a wrongful death occurrence, we treat your case with the compassion, sensitivity, and aggressiveness it deserves.
From the outset, we:
- Listen carefully to understand your loss and your goals entirely.
- Handle the paperwork and legal deadlines so you can focus on your family.
- Conduct a thorough investigation, including reconstructing accidents, interviewing witnesses, and reviewing forensic and medical evidence.
- Consult with medical, economic, or industry experts to establish causation and compute damages.
- Negotiate skillfully with insurance companies, defense attorneys, and other parties to pursue a fair settlement.
- Prepare for trial and present your case passionately before a jury, if necessary.
- Keep you informed throughout the process and answer your questions in clear, understandable language.
Our aim is not just to win a case, but to help you find a measure of justice, closure, and financial security after tragedy.
Contact Our Myrtle Beach Wrongful Death Lawyer Today
If you have lost a loved one due to negligence or wrongful conduct in Myrtle Beach or anywhere in Horry County, do not delay. The statute of limitations may limit your ability to file a claim. Let us help you pursue accountability and support for your family’s future.
Call 8034715590 today to speak with a compassionate Myrtle Beach wrongful death attorney at David W. Martin Law Group. We are here to support you during this painful time and fight for the justice your loved one deserves.
