The loss of a loved one to a fatal accident is a horrible tragedy. A civil wrongful death claim can be filed against any negligent parties who contributed to the accident. Under South Carolina law (S.C. Code § 15-51-20), a wrongful death lawsuit must be filed by the personal representative of the estate.

No one else can bring the claim. The personal representative is tasked with managing the process and fighting for justice and compensation for grieving families. Here, our South Carolina wrongful death lawyer provides a more comprehensive role of the personal representative.

What is a Wrongful Death Personal Representative?

In South Carolina, a personal representative is the person who is legally authorized to act on behalf of the estate of the decedent. They handle probate matters and, if there is one to pursue, they bring the wrongful death lawsuit. In a wrongful death case, the personal representative is responsible for filing the lawsuit, overseeing the claim, and ensuring that any compensation recovered is distributed properly.

Note: The personal representative does not personally own the claim. Instead, he or she serves as a fiduciary for the surviving spouse, children, and other statutory beneficiaries.

How a Personal Representative is Appointed in a South Carolina Wrongful Death Case

The appointment of a representative is done by the South Carolina Probate Court in the county where the decedent resided. The court will typically give priority to the person named in the decedent’s will, if one exists. However, if no valid will is available, a close family member (such as a spouse or adult child) may petition the court for appointment. Once approved, the personal representative receives a Certificate of Appointment.. From there, he or she will be granted the legal authority to act on behalf of the estate in the wrongful death case.

An Overview of the Role of the Personal Representative

The personal representative carries out both administrative and litigation responsibilities in a South Carolina wrongful death case. Their duties include:

Investigating the Fatal Accident: The personal representative must gather records, police reports, and witness statements to determine the cause and responsible parties.
Retaining Legal Counsel: He or she may also hire an experienced South Carolina wrongful death attorney to handle filings, negotiations, and court representation.
Filing the Wrongful Death Lawsuit: The personal representative also initiates the claim typically within the three-year statute of limitations outlined in S.C. Code § 15-3-530. However, some claims have a shorter statute of limitations.
Communicating with Beneficiaries: Another role of the personal representative is to keep the survivors informed about case progress and expected distributions.
Distributing Compensation: Finally, the representative must ensure that any settlement or verdict is allocated according to South Carolina’s wrongful death laws.

Call Our South Carolina Wrongful Death Lawyer Today

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer is a compassionate, experienced advocate for justice. If you have any specific questions or concerns about the role of a personal representative in a wrongful death claim, we are here as a legal resource. Call us now or contact us online for a free, completely confidential initial consultation in zip code 29621. We represent families in wrongful death claims in South Carolina.