A fatal car accident is one of the most heartbreaking experiences a family can endure. Other than the profound emotional toll, the sudden loss of a loved one can bring immense financial strain. From funeral expenses to the loss of household income and companionship, the impact of a wrongful death reaches into every corner of the surviving family members’ life.
In South Carolina, the law allows certain surviving family members to seek justice and compensation by filing a wrongful death claim. As experienced wrongful death attorneys in Aiken, we at Johnson, Johnson, Whittle, Lancer, & Staggs are here to guide you through this difficult legal process with compassion and clarity.
In this read, we will look at what wrongful death claims are, who can file them, what types of compensation may be available, and the steps you need to take to file a claim after a fatal car crash.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when someone’s death is caused by the negligence, recklessness, or intentional actions of another person or entity.
When it comes to car accidents, this often includes:
- Driving under the influence (DUI)
- Texting or using a phone while driving
- Excessive speeding or reckless driving
- Violations of traffic laws
Importantly, a wrongful death claim is separate from criminal charges. For example, if the at-fault driver is charged with vehicular manslaughter, the state prosecutes the criminal case. A wrongful death lawsuit, on the other hand, is initiated by the deceased’s family or estate to seek monetary compensation.
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina Code § 15-51-20, a wrongful death lawsuit must be filed by the personal representative (also known as the executor) of the deceased person’s estate. While this representative files the claim, any compensation awarded goes to eligible family members.
Which may include:
- The spouse and children of the deceased
- If there are no spouse or children, then the parents
- If none of the above exist, then other legal heirs
The personal representative is typically appointed by the probate court. This person is responsible for managing the estate and ensuring that any awarded damages are distributed according to South Carolina law.
What Compensation Can Be Recovered?
Families who file a wrongful death claim may be entitled to several categories of compensation, including:
1. Economic Damages
These include quantifiable financial losses such as:
- Funeral and burial costs
- Medical expenses incurred before death
- Lost wages and future income the deceased would have earned
2. Non-Economic Damages
These damages are more subjective and include intangible losses like:
- Pain and suffering of the survivors
- Loss of companionship and support
- Emotional distress from the sudden death
3. Punitive Damages
In cases involving gross negligence such as drunk driving— these damages may also be awarded. These are not intended to compensate the family, but rather to punish the wrongdoer and deter similar behavior in the future.
Steps to Filing a Wrongful Death Claim
The process of filing a wrongful death lawsuit can be legally complex and emotionally overwhelming. Here’s what the process involves:
Step 1: Open an Estate and Appoint a Personal Representative
Before a claim can be filed, an estate must be opened in probate court. A personal representative is then appointed to act on behalf of the deceased’s estate. If your loved one had a will, the executor named in the will usually assumes this role. If not, the court will appoint someone—typically a close family member.
Step 2: Gather Evidence of Negligence
To succeed in a wrongful death claim, it must be proven that another party’s negligence caused the fatal accident. Evidence may include:
- Police accident reports
- Eyewitness statements
- Surveillance or dashcam footage
- Expert crash reconstruction analysis
Your attorney plays a vital role in gathering and preserving this evidence.
Step 3: Document All Damages
In addition to proving liability, you must also document the extent of your losses. This can include:
- Medical records and bills
- Funeral home invoices
- Employment records showing lost wages and benefits
- Expert testimony to project future earnings
Step 4: File Within the Statute of Limitations
In South Carolina, wrongful death claims must generally be filed within 3 years of the date of the person’s death. Missing this deadline can permanently bar your claim, so acting quickly is essential.
Step 5: Negotiate or Litigate
Many wrongful death cases are resolved through settlement negotiations with the at-fault party’s insurance company. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to court.
Why You Need a Wrongful Death Attorney
The legal complexities and emotional weight of a wrongful death claim can be too much for grieving families to carry alone.
Here’s how an experienced attorney can help:
- Conduct thorough investigations to establish fault
- Calculate full and fair damages, including future losses
- Negotiate with insurance companies on your behalf
- File all paperwork correctly and on time
- Represent you in court, if litigation is necessary
At JJWLS, we have years of experience helping families in Aiken and throughout South Carolina recover after tragic car accidents. We handle the legal burden so you can focus on healing.
Enlist Experienced Aiken Wrongful Death Attorneys Today
Losing a loved one in a car accident is a tragedy that no amount of money can ever make right. But filing a wrongful death claim is an important way to hold the responsible party accountable and secure financial stability for your family’s future.
If you’re navigating the aftermath of a fatal car crash, we are here to help. Our attorneys understand the emotional pain you’re going through, and we’re committed to fighting for the justice your family deserves.
Contact Johnson, Johnson, Whittle, Lancer, & Staggs today at (803) 649-5338 for a free consultation and guidance through this difficult process.
