A wrongful death claim against a government entity is different from a private party claim in important ways. How you can handle a wrongful death claim when the defendant is the government may impact the case process and results.
Lawyer Bobby Jones explains wrongful death claims against government entities.
Can you sue the government for wrongful death in South Carolina?
The South Carolina Tort Claims authorizes wrongful death claims against entities of government. S.C. Code § 15-78-70 allows the person’s administrator or executor to bring a claim. Damage limitations and filing requirements apply to claims.
Handling a Wrongful Death Claim Against a Government Entity
You may have a wrongful death claim against the State of South Carolina. However, there are certain ways in which it must be handled procedurally. These requirements come from the law that waives sovereign immunity, S.C. Code § 15-78-40, et. seq.
Here’s what you should know about handling a wrongful death claim against a public entity.
- Yes, there can be a wrongful death claim against the government.
- Where liability is waived, the same standards for negligence are used that apply in all claims.
- Handling a case typically involves giving formal notice of the claim.
- To benefit you, the notice of claim must be submitted to the appropriate government entity as specified by law.
- The victim’s administrator or executor files the case.
- Like other wrongful death claims, the proceeds are split among family members recognized by law in amounts as though the victim had died intestate.
- Damages are capped at $300,000, and no more than $600,000 may be paid for an occurrence of negligence, regardless of number of victims.
- Punitive damages may not be awarded.
You may have the assistance of an experienced wrongful death lawyer. Understanding the important differences in handling a wrongful death claim when it involves a government entity can impact the award you receive. It can also impact the process and resolution of your claim efficiently.
Overview of Sovereign Immunity and How It Affects Claims
The United States started out with sovereign immunity—the idea that no one can sue the government. The concept comes from the British rule that no one could sue the king or queen because they are above all. Sovereign immunity is still the law today. However, the government has chosen to waive sovereign immunity in certain circumstances.
For claims against South Carolina, the law that waives sovereign immunity is the South Carolina Tort Claims Act, S.C. Code § 15-78-40.
Notice Requirements and Filing Deadlines
Handling a wrongful death by government claim begins with submitting a notice. When a wrongful death claim is against a private party, you start by filing in court. When the wrongful death claim is against the government, you may file a notice of claim.
The notice of claim isn’t an official court filing but a document given directly to the defendant’s public entity. The notice gives the basic information about the claim, including what happened and who is involved.
You have one year from the date the claim accrues to file the notice. If you provide notice, the shortened two-year statute of limitations is increased to three years.
The government entity has 180 days to accept or deny the claim. Failing to respond is the same as a denial.
Immunity Exceptions: When Can You Hold a Government Liable?
You can hold the government liable for death and other losses recoverable in negligence (S.C. Code § 15-78-30(f)). If the negligence of a government employee results in wrongful death, there may be a claim. The state is liable in the same manner and to the extent as a private individual under like circumstances, subject to limitations and exceptions in the law.
Damage caps are a limitation.
There are some circumstances where immunity remains. For example, the government is not liable for snow, ice, temporary or natural conditions unless the snow or ice is affirmatively caused by employee negligence.
Statute of Limitations for Wrongful Death Claims Against Government Entities
The statute of limitations for wrongful death against a government entity is two years. This is shorter than the three-year statute of limitations for private party wrongful death claims. However, if the plaintiff submits the notice of claim, the statute of limitations is extended to three years.
The Role of the South Carolina Tort Claims Act in Government Liability Cases
The South Carolina Tort Claims Act (SCTCA) balances the importance of justice for victims and the interests of carrying out governmental functions. Total immunity is not ideal for units of government. The SCTCA operates along with traditional tort laws to create, limit, and adjudicate liability in wrongful death claims.
Potential Compensation in a Wrongful Death Claim Against a Government Entity
Damage caps apply to potential compensation in a wrongful death claim against a government entity. Generally, no person may recover more than $300,000 for a single occurrence. The total paid due to a single occurrence may not exceed $600,000. These caps apply in wrongful death claims. There are different caps for cases involving medical malpractice and healthcare services.
Note: There is significant case law regarding the number of occurrences in determining caps for SCTCA compensation.
Why You Need an Experienced Attorney for Wrongful Death Claims Involving Government Entities
Any wrongful death claim is procedurally complex. This is especially so when the defendant is a unit of government. An attorney can move your case efficiently, handling the burden of the legal process. They understand the ways government defendants fight claims and can build evidence, represent you in court, and negotiate on your behalf.
Contact a lawyer
Have you lost a loved one? Was a unit of government involved? Contact Bobby Jones Law for a free consultation.
You can talk to a lawyer about handling a wrongful death claim against a government entity. We are experienced in aggressive litigation when our clients need us most.
Call or message us now to talk to a lawyer about your case.
