Losing a loved one in a car wreck is one of the hardest things a person can go through. When someone else makes a mistake behind the wheel, and it leads to a death, it is not just a tragedy. It is also a legal matter. You may have the right to hold the responsible person accountable by filing a wrongful death claim. This guide explains how these cases work in South Carolina and what steps you can take next.
What is a Wrongful Death Claim in South Carolina
A wrongful death claim is a type of civil lawsuit. It happens when a person dies because of the legal fault of another person or a business. Think of it like a personal injury case that the victim would have filed if they had survived the crash. Since they are no longer here to speak for themselves, the law allows the estate to seek justice on their behalf.
These cases are different from criminal charges. A driver might face jail time in criminal court, but a wrongful death claim happens in civil court. The goal here is not to put someone in prison. Instead, the goal is to get financial support for the family left behind.
Who is Allowed to File the Lawsuit
South Carolina has very specific rules about who can start a legal case after a fatal accident. You cannot just have any family member walk into court and file papers.
The Role of the Personal Representative
By law, the only person who can technically file a wrongful death lawsuit is the executor or the personal representative of the person who died. If the person had a will, they probably named someone for this job. If there is no will, the court will appoint someone to handle the estate. This person represents the interests of the family.
Who Receives the Money
Even though the personal representative files the paperwork, the money goes to specific family members. South Carolina follows a strict order for this. First, the money goes to the surviving spouse and children. If there is no spouse or child, the parents of the deceased person receive the recovery. If the person had no spouse, kids, or living parents, the money goes to the legal heirs.
How to Prove Negligence in a Fatal Wreck
To win a case, you have to show that the other driver or party was at fault. This is called proving negligence. There are four main parts to this. First, you show the driver had a duty to drive safely. Second, you show they broke that duty. This could be because they were texting, speeding, or driving while drunk. Third, you prove that their mistake directly caused the death. Finally, you show that the death resulted in real losses.
Sometimes more than one person is at fault. South Carolina uses a rule called modified comparative negligence. This means if the person who died was more than 50 percent responsible for the wreck, the family cannot collect any money. If they were 20 percent at fault, the total money awarded is simply lowered by 20 percent.
Damages You Can Recover After a Loss
The law breaks down the money you can get into different categories. Some are easy to count, while others are about the emotional pain you feel.
Economic Losses
These are the bills and costs you can see on paper. They include funeral and burial costs. They also include medical bills from the time between the accident and the death. Another big part is the loss of the income the person would have earned if they were still working. This helps the family stay financially stable in the future.
Non-Economic Losses
These are harder to put a price on, but are just as important. You can ask for money to cover mental anguish and emotional suffering. Spouses can seek money for loss of companionship. Children can seek money for the loss of parental guidance and protection.
Punitive Damages
In some cases, the court might award punitive damages. These are not meant to pay for a specific bill. Instead, they are meant to punish the person who caused the accident. This usually only happens if the driver was being extremely reckless, like driving way over the speed limit in a school zone or driving while very intoxicated.
The Deadline for Filing Your Case
Time is a big factor when you are dealing with the law. South Carolina has a statute of limitations for wrongful death. In most car accident cases, you have three years from the date the person died to file your lawsuit. If you miss this three-year window, the court will likely throw your case out, and you will get nothing.
There are a few times when this deadline is shorter. For example, if you are suing a government office or a county hospital, you might have much less time to act. It is always better to start looking into your options sooner rather than later, so you do not lose your rights.
How to Build a Strong Case for Justice
Building a case takes a lot of work. You have to gather evidence while it is still fresh. This includes getting the police report from the crash and talking to people who saw what happened. Photos of the cars and the road are also very helpful.
Expert witnesses often play a role, too. An accident reconstruction expert can look at skid marks and car damage to prove how fast someone was going. Medical experts can explain exactly how the injuries led to the death. Having all this information ready makes it much harder for insurance companies to deny your claim.
Contact Hart Law for Help Today
If you are dealing with the loss of a family member, you should not have to handle insurance companies and legal paperwork on your own. The team at Hart Law is here to help you understand your rights and fight for the money your family needs to move forward. We know this is a painful time, and we want to take the legal burden off your shoulders. Call us at (803) 771-7701 to talk about your case and see how we can help you get justice.