Losing a loved one in a car accident is a devastating experience. The emotional toll is immense, and the aftermath often includes financial burdens such as funeral costs, medical bills, and lost income. If your loved one’s death was caused by someone else’s negligence in Charleston, SC, you may be wondering whether you can file a lawsuit to seek justice and compensation. This guide will walk you through the legal process of filing a wrongful death lawsuit in South Carolina and what you can expect when seeking compensation for your loss.
1. Understanding Wrongful Death Claims in South Carolina
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit filed when someone’s death is caused by the negligence or wrongful actions of another person or entity. In the context of a car accident, this could involve a negligent driver, a defective vehicle part, or even poor road conditions. A wrongful death lawsuit seeks to hold the responsible party accountable and provide compensation to the deceased person’s surviving family members.
Note: Along with a wrongful death claim, a personal representative can bring a survival action on behalf of the person who died. This is a claim for the damages, like pain and suffering, the dead person experienced before dying. We will go over this claim in a separate article but understand it is usually brought with the wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
In South Carolina, a wrongful death claim must be filed by the executor or personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will, or if no one is named, the court may appoint a representative. While the lawsuit is filed by the personal representative, it is done on behalf of the deceased’s beneficiaries, who receive the compensation directly. Beneficiaries typically include the spouse and children, and in some cases, parents or other close family members, depending on the circumstances.
2. When You Can File a Lawsuit for a Car Accident Death
Filing a Lawsuit Based on Negligence
To file a wrongful death lawsuit after a car accident in Charleston, you must be able to prove that the accident and resulting death were caused by the negligence of another party. Common causes of negligence in car accident cases include:
- Distracted Driving: A driver texting, talking on the phone, or otherwise distracted.
- Drunk Driving: Operating a vehicle under the influence of alcohol or drugs.
- Speeding: Excessive speed that contributes to losing control of the vehicle or being unable to stop in time.
- Reckless Driving: Dangerous driving behaviors such as tailgating, improper lane changes, or running red lights.
- Defective Vehicles: A mechanical failure or defective car part that causes an accident.
In these scenarios, proving that the defendant acted negligently or recklessly is key to building a successful wrongful death case. Your attorney will gather evidence, such as police reports, witness statements, and accident reconstruction data, to establish the other party’s fault. Keep in mind that the standard of proof in South Carolina is the preponderance of the evidence, meaning it must be more likely than not that the defendant’s actions caused the accident.
3. Proving Negligence in a Wrongful Death Case
Key Elements of Negligence
To succeed in a wrongful death lawsuit, you must prove the following elements of negligence:
- Duty of Care: The defendant owed a legal duty to the deceased, such as the duty to drive safely and obey traffic laws.
- Breach of Duty: The defendant breached that duty through negligent or reckless behavior, such as driving while distracted or speeding.
- Causation: The defendant’s breach of duty directly caused the accident that led to your loved one’s death.
- Damages: The deceased’s family suffered damages, such as funeral expenses, medical bills, lost income, and emotional suffering, as a result of the death.
An experienced wrongful death attorney in Charleston will help you gather the necessary evidence and build a compelling case to prove each of these elements under the preponderance of the evidence standard.
The Role of Insurance in Wrongful Death Claims
South Carolina requires drivers to carry minimum liability insurance of $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage. However, in many wrongful death cases, these amounts may not fully cover the financial losses. In such cases, your attorney may pursue additional compensation through the driver’s personal assets or other applicable insurance policies, such as underinsured or uninsured motorist coverage.
4. What Compensation Can You Receive in a Wrongful Death Lawsuit?
Types of Damages in a Wrongful Death Claim
Filing a wrongful death lawsuit allows surviving family members to seek compensation for various types of damages, generally divided into two categories: economic and non-economic.
- Economic Damages: Tangible financial losses directly related to the death, such as:
- Medical expenses incurred before the loved one’s death
- Funeral and burial costs
- Loss of financial support (the income the deceased would have provided)
- Loss of benefits, such as health insurance or retirement benefits
- Non-Economic Damages: These refer to the emotional and psychological impact of losing a loved one, such as:
- Pain and suffering experienced by the deceased before their death
- Loss of companionship, guidance, and support for surviving family members
- Mental anguish and emotional distress experienced by the surviving family
Punitive Damages
In some cases, South Carolina courts may award punitive damages in a wrongful death lawsuit. Punitive damages are intended to punish the defendant for particularly reckless or egregious behavior, such as driving under the influence of drugs or alcohol. These damages are not awarded in every case and are typically reserved for situations involving gross negligence or willful misconduct.
5. Time Limits for Filing a Wrongful Death Lawsuit in South Carolina
Understanding the Statute of Limitations
South Carolina law sets a time limit for filing a wrongful death lawsuit, known as the statute of limitations. In most cases, you have three years from the date of your loved one’s death to file a wrongful death claim. Failing to file within this time frame may result in the court dismissing your case, so it is crucial to act promptly.
However, if the claim is against a government entity or involves a government employee, special rules apply, including a much shorter notice period of 180 days to file a claim. An attorney can advise you on how the statute of limitations applies to your specific case and help ensure you file within the appropriate timeframe.
6. The Role of a Charleston Wrongful Death Attorney
Why You Need an Experienced Attorney
Wrongful death cases can be legally complex, and having an experienced Charleston attorney by your side is critical to navigating the legal process. A lawyer will help you:
- Investigate the Accident: Your attorney will conduct a thorough investigation of the car accident to gather evidence and establish negligence.
- Handle Insurance Negotiations: Dealing with insurance companies can be stressful, especially while grieving. An attorney will negotiate with the at-fault driver’s insurance company on your behalf, seeking a fair settlement.
- Calculate Damages: Determining the full extent of your economic and non-economic losses is crucial to maximizing your compensation. Your lawyer will work with financial and medical experts to ensure all damages are accounted for.
- Represent You in Court: If a settlement cannot be reached, your attorney will represent you in court, presenting your case before a judge or jury.
Choosing the Right Wrongful Death Attorney
When selecting an attorney to handle your wrongful death lawsuit, look for someone with experience in handling car accident claims and wrongful death cases in Charleston. The attorney should be compassionate, understanding the emotional toll this process takes on families, while also being an aggressive advocate for your legal rights.
Conclusion
Losing a loved one in a car accident is a tragedy no family should have to endure. If you believe the accident was caused by someone else’s negligence, you have the legal right to pursue a wrongful death lawsuit in Charleston, SC. Filing a claim can help hold the responsible party accountable and provide much-needed financial support for funeral costs, lost income, and emotional suffering. Working with an experienced Charleston wrongful death attorney can make a significant difference in the outcome of your case.
Need Help Filing a Wrongful Death Lawsuit in Charleston?
If you’ve lost a loved one in a car accident and are considering filing a wrongful death lawsuit, contact Bill Connor at The Bill Connor Law Firm. Bill offers free consultations for car accident cases and is a trusted attorney in Charleston, committed to helping families navigate the legal process and seek justice. Schedule a free car wreck consultation today to learn how Bill can help you pursue the compensation your family deserves.
