Losing a loved one in a car accident is a devastating experience, and the pain is often compounded by the financial and emotional burdens that follow. A wrongful death claim allows the surviving family members to seek justice and compensation for their loss.
These claims are designed to hold the responsible parties accountable and provide financial relief to cover expenses such as medical bills, funeral costs, and lost income.
Seeking justice through a wrongful death claim is not only about financial compensation; it also helps bring a sense of closure and accountability, ensuring that negligent parties are held responsible for their actions. This process can be complex and emotionally challenging, making it crucial to have experienced legal support to navigate the legal landscape.
For compassionate and professional legal assistance with wrongful death claims, contact Ali Awad and the CEO Lawyer Personal Injury Law Firm. Call us today at (864) 664-3865 for a free consultation, and let us help you pursue the justice and compensation you deserve.
Wrongful Death Claims
Definition of Wrongful Death
Wrongful death is a legal term referring to a situation where a person dies due to the negligence, recklessness, or intentional actions of another party. This type of claim allows the deceased person’s estate and surviving family members to seek compensation for their loss.
Wrongful death claims are intended to provide financial support to those who depended on the deceased and to hold the responsible party accountable for their actions.
Legal Basis for Wrongful Death Claims in South Carolina
In South Carolina, wrongful death claims are governed by the South Carolina Code of Laws, specifically Section 15-51-10. The law states that a wrongful death action can be brought when the death of a person is caused by the wrongful act, neglect, or default of another party, and the deceased could have pursued a personal injury claim if they had survived.
The claim must be filed by the executor or administrator of the deceased person’s estate on behalf of the surviving family members, such as the spouse, children, or parents.
Differences Between Wrongful Death and Personal Injury Claims
While both wrongful death and personal injury claims involve seeking compensation for harm caused by another party’s actions, there are key differences:
- Plaintiff:
- Personal Injury Claim: Filed by the injured party.
- Wrongful Death Claim: Filed by the estate’s executor or administrator on behalf of the deceased’s surviving family members.
- Compensation:
- Personal Injury Claim: Seeks compensation for the injured party’s medical expenses, lost wages, pain and suffering, and other damages.
- Wrongful Death Claim: Seeks compensation for the surviving family members’ losses, including funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress.
- Purpose:
- Personal Injury Claim: Aims to compensate the injured party for their losses and suffering.
- Wrongful Death Claim: Aims to compensate the surviving family members for their losses and to hold the responsible party accountable for the death.
Understanding these differences is crucial when pursuing a claim, as the legal strategies and types of compensation sought can vary significantly.
Who Can File a Wrongful Death Claim?
In South Carolina, wrongful death claims are typically filed by certain close relatives of the deceased. According to the South Carolina Code of Laws, the following individuals are eligible to file a wrongful death claim:
- Spouses: The surviving spouse of the deceased.
- Children: The surviving children, including both biological and legally adopted children.
- Parents: The surviving parents of the deceased were unmarried and had no children.
- Heirs: If there are no surviving spouses, children, or parents, other heirs of the deceased may be eligible to file a claim.
The Role of the Executor or Personal Representative of the Deceased’s Estate
While the above individuals are beneficiaries of a wrongful death claim, the actual filing must be done by the executor or personal representative of the deceased’s estate. This individual is typically named in the deceased’s will or appointed by the court if no will exists.
The executor or personal representative has the legal authority to file the wrongful death claim on behalf of the estate and the surviving family members.
The compensation awarded from a successful wrongful death claim is distributed among the eligible family members according to South Carolina’s laws of intestate succession, ensuring that the financial support reaches those most affected by the loss.
Establishing Liability in a Wrongful Death Claim
Proving Negligence or Wrongful Actions Leading to the Death
To establish liability in a wrongful death claim, the plaintiff must prove that the death was caused by the negligence or wrongful actions of another party. This involves demonstrating that:
- Duty of Care: The defendant owed a duty of care to the deceased. For instance, all drivers have a duty to operate their vehicles safely and follow traffic laws.
- Breach of Duty: The defendant breached this duty through actions or omissions. Examples include reckless driving, drunk driving, or failing to maintain safe premises.
- Causation: The breach of duty directly caused the death of the deceased. It must be shown that the defendant’s actions were a substantial factor in the fatal incident.
- Damages: The death resulted in quantifiable damages such as medical expenses, funeral costs, lost income, and the emotional suffering of the surviving family members.
Gathering Evidence
To support a wrongful death claim, the plaintiff must gather substantial evidence. Key types of evidence include:
- Police Reports: Official reports can provide crucial details about the accident, including the circumstances and any citations issued.
- Eyewitness Accounts: Statements from witnesses who observed the incident can corroborate the events leading to the death and the defendant’s actions.
- Expert Testimony: Experts, such as accident reconstruction specialists or medical professionals, can provide insights into how the incident occurred and the cause of death.
- Medical Records: Documentation of the deceased’s injuries and medical treatment can help establish the extent of the harm caused by the defendant’s actions.
The Burden of Proof in Wrongful Death Cases
In a wrongful death claim, the burden of proof lies with the plaintiff. This means that the plaintiff must provide sufficient evidence to convince the court that the defendant’s negligence or wrongful actions caused the death.
The standard of proof in these cases is typically “preponderance of the evidence,” which means that it is more likely than not that the defendant’s actions led to the death. This is a lower standard than “beyond a reasonable doubt,” which is used in criminal cases.
Successfully establishing liability in a wrongful death claim requires a thorough understanding of legal principles and a meticulous approach to gathering and presenting evidence. For these reasons, it is highly recommended to seek the assistance of a South Carolina car accident lawyer who can navigate the complexities of the case and advocate effectively on behalf of the surviving family members.
Filing a Wrongful Death Claim in South Carolina
Initial Steps to Take
- Contacting an Attorney: The first and most crucial step is to consult with a qualified wrongful death attorney. An experienced car accident lawyer in Carolina can guide you through the legal process, help you understand your rights, and ensure that all necessary steps are taken to build a strong case.
- Collecting Evidence: Gather all relevant evidence related to the incident. This includes obtaining police reports, medical records, eyewitness accounts, and any other documentation that can support your claim. Your attorney will assist in identifying and collecting the necessary evidence.
Filing the Claim with the Appropriate Court
Once you have gathered the necessary evidence and consulted with your attorney, the next step is to file the wrongful death claim with the appropriate court. In South Carolina, wrongful death claims are typically filed in the circuit court of the county where the accident occurred or where the defendant resides.
Your attorney will prepare the necessary legal documents, including the complaint, which outlines the facts of the case and the damages being sought. This complaint must be filed by the executor or personal representative of the deceased’s estate on behalf of the surviving family members.
The Legal Timeline and Statute of Limitations in South Carolina
It is important to be aware of the legal timeline and the statute of limitations for filing a wrongful death claim in South Carolina. According to South Carolina law, the statute of limitations for wrongful death claims is generally three years from the date of the deceased’s death.
This means that you must file the claim within this time frame, or you may lose your right to seek compensation. There are some exceptions and specific circumstances that could affect this timeline, so it is essential to consult with your attorney to ensure that your claim is filed promptly and correctly.
Seek Justice With a Compassionate Wrongful Death Law Firm
If you’ve lost a loved one in a car accident and need help filing a wrongful death claim, having the right legal support is crucial. Our team at the CEO Lawyer Personal Injury Law Firm is here to provide expert guidance and compassionate representation.
Call us today at (864) 664-3865 for a free consultation. Let us help you pursue the justice and compensation you and your family deserve.
