Motorcyclists are vulnerable. The South Carolina Department of Public Safety (SCDPS) reports that 123 motorcyclists were killed in crashes in the state in 2019. If your loved one was killed in a motorcycle crash, your family needs justice and financial support. A civil wrongful death lawsuit may be the best option. In this article, our Anderson wrongful death lawyer provides a guide to filing a claim after a loved one’s fatal motorcycle crash in South Carolina.

An Overview of Wrongful Death Claims for Motorcycle Accidents in South Carolina

A wrongful death claim is a civil cause of action that arises when a person is killed in an accident caused by negligence. Following a fatal motorcycle crash, the family of the victim may have a civil wrongful death lawsuit. Indeed, in South Carolina, the deceased’s estate can file a claim seeking compensation for medical expenses, funeral costs, lost income, and the emotional suffering of surviving dependent family members.

To be clear, these are fault-based legal claims. To hold another party—whether a driver, truck company or motorcycle manufacturer—liable for a fatal accident, you must establish liability. Most claims are based on negligence. However, product liability cases for deadly motorcycle crashes are also based on strict liability in South Carolina. Every deadly motorcycle crash should be investigated by an experienced South Carolina wrongful death attorney.

Know the Statute of Limitations: Three Years

In South Carolina, the statute of limitations for filing a civil wrongful death claim is usually three years from the date the negligent act occurred. (S.C. Code § 15-3-530). If the claim is not filed on time, the court will likely dismiss the case. There are only very narrow exceptions. Do not wait to take action: Consult with a South Carolina wrongful death lawyer right away after a fatal motorcycle crash.

Who Can File a Civil Wrongful Death Lawsuit?

Unfortunately, not every person affected by a deadly motorcycle crash has rights under South Carolina law. In South Carolina, only the Personal Representative of the deceased person’s estate can file a civil wrongful death lawsuit (S.C. Code § 15-51-20). This person is typically named in the will of the deceased. However, if there is no valid will—or if no Personal Representative was named—a probate court can appoint a Personal Representative to pursue the wrongful death claim. Although the lawsuit is filed by the estate’s representative, compensation is awarded to the deceased’s surviving dependents.

Contact Our South Carolina Attorney for Wrongful Death Motorcycle Accidents

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer is a compassionate, experienced advocate. If your family member was killed in a motorcycle wreck, we are here to help. Contact us today for a free, no-obligation case review. With an office in Anderson, we represent grieving families throughout the surrounding region in South Carolina.