When a person dies due to the negligent or wrongful actions of another individual or entity in South Carolina, state law allows the deceased person’s family members to file a wrongful death lawsuit. These lawsuits seek compensation for the losses suffered by the family due to their loved one’s untimely death.
To bring a wrongful death case in South Carolina, the family must designate a personal representative. This individual takes on an important role in the lawsuit process.
Selecting the Personal Representative
Typically, the deceased person’s spouse or child will serve as the personal representative. However, any appropriate family member over 18 years old can fill this role as long as they are mentally competent.
If no family members are available or willing, the probate court can appoint a close friend to act as the representative. Attorneys may also serve in this capacity if needed.
The key is choosing someone who will responsibly handle the litigation process on behalf of the family’s interests. Relatives should select a personal representative they trust to act in good faith.
Filing the Lawsuit
After choosing a personal representative, this individual takes the first step of filing a wrongful death lawsuit in civil court. The complaint initiates legal proceedings and names the negligent parties as defendants.
The personal representative oversees the lawsuit filings, court appearances, evidence gathering, and other aspects of the litigation process. An attorney typically assists with these legal matters.
The representative must follow all procedural rules and respond to filings from defense attorneys. He or she works closely with the family’s lawyer through each stage of the case.
Settling the Claim
Many wrongful death cases resolve through a settlement agreement before trial. The personal representative has authority to negotiate potential settlement offers with the defense.
However, he or she must get input from the deceased’s surviving family members before accepting a settlement. The representative has a duty to ensure any proposed deal adequately compensates the family for their damages.
If a settlement cannot be reached, the case may go to trial. The personal representative continues overseeing the litigation through the final verdict.
Distributing Wrongful Death Awards
When a settlement or court award is obtained, the personal representative handles distribution of the funds. Under South Carolina law, wrongful death damages may include:
- Funeral and burial expenses
- Medical costs from injuries leading to death
- Loss of income and benefits
- Loss of companionship, guidance, care, etc.
The representative distributes the monetary recovery to the deceased’s survivors according to which family members incurred specific losses. He or she must divide the funds fairly based on the actual harm suffered by each relative.
Choosing an appropriate personal representative is crucial for South Carolina families pursuing wrongful death claims. This individual manages the litigation process and financial recovery on the family’s behalf. With a reliable representative overseeing the case, grieving loved ones can focus on healing while still obtaining justice.
Here at Monge & Associates, we have 32 offices in 19 states including South Carolina, Utah, and Washington. If you have lost a loved one in an accident, call now for a free consultation at (888) 477-0597. Our team is here to help you claim maximum compensation.