Each year, over 100 pedestrians are killed in South Carolina. Surviving family members often do not know what to do or if anyone can be held accountable. Fortunately, South Carolina’s wrongful death law permits the family to recover financial compensation from the person responsible, whether a negligent driver or someone else. Wrongful death claims are complicated, and family members should contact a wrongful death attorney at Hart Law for more information about building a claim.
The Personal Representative Files the Lawsuit
Although family members receive compensation, the lawsuit is filed by the estate’s personal representative. (South Carolina Code § 15-51-20.) You can find the name of the deceased’s personal representative by looking at their will.
Ultimately, the probate court will appoint the personal representative, who will be empowered to file lawsuits on behalf of the estate. If there was no will, then the judge usually appoints a close family member to serve, such as a spouse.
There is a Two-Year Statute of Limitations
The estate cannot drag its feet. Instead, they need to file a lawsuit within three years of the death (not three years from the day of the accident).
This deadline is critical. Should you go past it, then the defendant can ask a judge to toss the case out of court, and most judges will agree. That will mean no compensation for family members. The defendant responsible for the death will not end up paying anything.
Call Hart Law to speak with our wrongful death attorney. We can move quickly to file a lawsuit against the correct defendant before the deadline.
You Can Negotiate a Settlement
Most personal injury cases settle, and that is probably true of wrongful death cases as well. The estate can negotiate with the defendant for compensation. Family members might even participate in mediation, where the objective is to discuss the dispute and try to reach an agreement.
Even if you hope to settle, you need to pay attention to the statute of limitations. The defendant has little incentive to negotiate in good faith if the limitations period expires. You lose any power over them, and you would probably receive no settlement or only a small one.
Reach Out to Our Law Firm Early
After the death of a beloved family member, your world might be spinning. Many survivors don’t know what to do. The entire legal team at Hart Law wants to offer our support during this stressful time.
Because of deadlines, you should ideally call our office as soon as you can. We can find evidence to prove the defendant was at fault for the death, including:
- Witnesses to the accident. We want to record their story, and they might disappear if you wait too long to contact a lawyer.
- Any nearby surveillance video which captured the accident. A nearby store or gas station could have a camera pointed toward the road. We want to preserve this video before the owner deletes it.
- Physical evidence at the scene. A missing stop sign or malfunctioning traffic light could have contributed to the pedestrian collision.
- The driver’s testimony. Some defendants will slip up and admit they were driving carelessly.
The more time that passes, the more likely evidence cannot be retrieved. That means it is harder to prove the defendant is at fault for the death of your loved one.
We Can Refute Allegations of Contributory Negligence
The defendant can also allege that your family member contributed to the accident by darting in front of the car or jaywalking. Sadly, the victim is no longer with us, and they can’t rebut the allegations. That puts families at a disadvantage in these legal claims.
Any fault will reduce a possible settlement. And if your loved one is mostly at fault, then you will not receive any compensation.
Hart Law is holding negligent drivers fully accountable. We won’t let them shirk responsibility by lobbing frivolous allegations against the deceased, but we need to hear from you early.
Contact Us to Get Started
South Carolina’s roads are dangerous for everybody, but pedestrians are at greater risk of serious injury in any type of collision. Many suffer fatal injuries when they are struck by dangerous drivers. At Hart Law, we believe in helping families seek accountability when an accident claims the life of a beloved family member. By filing a wrongful death claim, you can improve your family’s financial situation while seeking justice. Call us today at (803) 771-7701 to schedule a free consultation.