Motorcyclists face heightened risks. According to data from the South Carolina Department of Public Safety (SCDPS), 161 motorcyclists were killed in crashes in our state in 2021 alone. Was your loved one killed in a motorcycle wreck? You may be wondering: When can you file a wrongful death lawsuit? Here, our Anderson motorcycle accident lawyer explains the key things to know about when you can file a wrongful death claim after a fatal crash in South Carolina.

Know the Law: A Civil Wrongful Death Claim

A wrongful death claim is a civil cause of action that allows the family to hold at-fault parties legally responsible for causing a fatal accident—including a deadly motorcycle crash—through their negligence. Under South Carolina law (South Carolina Code § 15-51-10), proving liability in a wrongful death claim requires establishing that your loved one’s fatal motorcycle crash “caused by the wrongful act, neglect or default of another.”

For example, imagine that your loved one was rear-ended while on a motorcycle on a busy highway in Anderson County. Tragically, they were killed in the crash. If an investigation revealed that the deadly crash happened because the other motorist was inattentive, speeding, impaired, or texting he or she can and will be held legally responsible for the fatal motorcycle crash under South Carolina’s wrongful death law.

A Wrongful Death Claim Must Be Filed By The Personal Representative

In South Carolina, not every person who was close to the victim of a fatal motorcycle crash has the right to file a civil wrongful death lawsuit. Instead, the law mandates that such a claim must be initiated by the personal representative of the deceased’s estate as appointed by the court. The Personal Representative acts on behalf of the surviving family members and the estate. Beneficiaries through a wrongful death claim in South Carolina typically include:

Spouse;
Children; If there are no children or spouse then;
Parents; or
Other dependents.

The primary remedy through a fatal motorcycle accident claim in South Carolina is financial compensation. Grieving family members can seek compensation for economic losses, such as out-of-pocket medical bills, loss of benefits, funeral/burial expenses, as well as loss of financial support. Non-economic damages may also be sought, including for loss of love, loss of companionship, and loss of consortium.

A Three-Year Statute of Limitations for Wrongful Death Lawsuits in South Carolina

Fatal motorcycle crash claims are time-sensitive legal cases in South Carolina. Usually, there is a three-year statute of limitations for filing wrongful death lawsuits. However, some defendants have a shorter period of time in which to file the suit. The time limit starts from the date of the occurrence of the crash. If the Personal Representative does not file the lawsuit before the deadline, the right to sue for wrongful death is typically lost. Very narrow exceptions are all that apply. Do not wait to get started with your case: Speak to a South Carolina wrongful death lawyer right away.

Contact Our Anderson, SC Fatal Motorcycle Accident Attorney Today

At The Law Office of Steven M Krause PA, our South Carolina fatal motorcycle accident lawyer is a compassionate, experienced, and justice-focused advocate for clients. Contact us today for a free, no obligation case review. With an office in Anderson, we represent grieving families in Anderson County and throughout the surrounding region in South Carolina.