If your family member was killed in an accident caused by negligence in South Carolina, you can bring a civil wrongful death claim against the responsible party (S.C. Code § 15-51-10). These can be complex cases. At The Law Office of Steven M Krause, PA, we have the legal experience that grieving families can trust. Here, our Anderson wrongful death lawyer provides an overview of some of the most common complications that can arise in these cases in South Carolina.

What are Common Wrongful Death Case Complications?

There Can Be Questions About Filing/Beneficiaries

South Carolina law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. Unlike in some other states, no specific loved one of the victims files the lawsuit. Instead, the case is brought by the personal representative of the estate on behalf of certain statutory beneficiaries. Those beneficiaries include the surviving spouse and children or, in some circumstances, parents or other heirs. Complications can arise if an estate has not yet been opened in probate court. The family must first petition the court to appoint a personal representative before the lawsuit can proceed. Disputes may also arise between family members regarding who should serve in that role or how potential settlement proceeds should be distributed.

Disputes Can Arise Over Wrongful Death Liability

A wrongful death case in South Carolina is a fault-based legal claim. That is to say that you need to prove that the defendant(s) was at-fault for the fatal accident in order to hold them civilly liable for a wrongful death. Liability can be a complicated issue. Even in these sensitive cases, defendants and insurers are sometimes extremely aggressive. They may dispute liability.

Another issue is that South Carolina follows a modified comparative negligence rule. If the defense can convince a jury that the deceased person was partially responsible for the incident, any recovery may be reduced proportionally. If the deceased is found more than 50 percent at fault, recovery may be barred entirely.

Determining Damages Can Be Challenged

No amount of compensation will ever be enough to make things right after a family member’s fatal accident. At the same time, grieving families need justice, accountability, and the maximum available financial support. Wrongful death damages are often primarily non-economic in nature. They can be inherently complicated to value. South Carolina wrongful death law allows recovery for a range of losses, including funeral expenses, medical bills incurred before death, loss of financial support, and loss of companionship and guidance. A South Carolina wrongful death lawyer can help.

Speak to Our South Carolina Wrongful Death Lawyer Today

At The Law Office of Steven M Krause, PA, our Anderson wrongful death lawyer provides compassionate, solutions-driven legal guidance and support. If your loved one was killed in a bad accident, we are here to help. Please do not hesitate to contact us for a free case review. We handle wrongful death cases in Anderson and throughout the broader region in South Carolina.