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Was Someone You Love Involved in a Fatal Accident in South Carolina Today?

A fatal car accident is a heart-wrenching experience. These accidents can inflict deep physical pain and mental strain, and unfortunately, the burden doesn’t end there. The families left behind often face mounting medical bills and an array of other challenges. Local Accident Reports is here to help. We are passionate about connecting South Carolina victims to a comprehensive network of support resources, including charities, counseling, and even a lawyer in your local area, which you will need in order to pursue fair compensation.
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We want you to know that you’re not alone. Our team is dedicated to supporting you through every stage of your journey as you navigate the challenges ahead. You can speak to our team of wrongful death attorneys for free anytime, and we can help you get a copy of the fatal accident’s police report too. Let us get you the emotional, financial, and legal help you deserve.

What is a Wrongful Death in South Carolina?
South Carolina law defines wrongful death as loss due to someone else’s mistake or a deliberate act (S.C. Code § 15-51-10). The term wrongful death essentially means that the accident could have been avoided, placing responsibility on the party or parties at fault through a civil lawsuit. The wrongful death law allows surviving family members or beneficiaries to seek financial compensation. This accomplishes the following:
  • Provide Financial Relief: Wrongful death claims can help surviving family members cope with the financial burdens caused by the loss, including medical expenses, funeral costs, and the loss of the deceased person’s financial support.
  • Hold Wrongdoers Accountable: It allows for accountability by holding individuals, businesses, or entities responsible for their actions or negligence that resulted in someone’s death.
  • Deter Negligence: Imposing liability and potential financial consequences on those responsible is a deterrent against negligent or wrongful behavior that could lead to fatal
  • Compensate for Emotional Pain: The law recognizes the emotional pain and suffering surviving family members endure and provides compensation for this intangible loss.
The passing of a beloved family member in a car accident is an unspeakable and usually, preventable tragedy. South Carolina’s wrongful death law provides a legal avenue for families to seek justice, financial support, and closure.

When tragedy strikes in South Carolina, it can often be followed by questions about what to do next. If you’ve lost a loved one in an accident, you might wonder if there’s a way to seek justice for your family. Understanding the types of accidents that can lead to a wrongful death action in South Carolina is a crucial step in finding answers and pursuing the support your family deserves.

  • Car Accidents: Fatal car accidents are a heart-wrenching reality, and they often lead to wrongful death actions in South Carolina.
  • Construction Accidents: Fatal accidents at construction sites can trigger wrongful death actions if negligence or safety violations are involved.
  • Medical Errors: When medical professionals’ negligence leads to a patient’s death, surviving family members may have grounds for a wrongful death lawsuit.
  • Product Defects: Fatal accidents caused by defective products or vehicles may result in wrongful death actions against manufacturers or distributors.
  • Slips and Falls: Fatal slip and fall accidents on poorly maintained properties may lead to wrongful death claims.
  • Elder Abuse: When nursing home negligence or abuse results in a resident’s death, a wrongful death lawsuit can seek justice.

This list is an overview of the accidents that can lead to wrongful death actions. A skilled attorney can determine if your situation warrants legal action.

The loss of life resulting from someone else’s actions opens the door to a wrongful death lawsuit. The state identifies the specific parties who can bring this legal action after a loved one passes away in such a manner (S.C. Code § 15-51-20). Eligibility to File a Wrongful Death Claim

  • Estate’s Personal Representative: The personal representative of the deceased’s estate may initiate a wrongful death legal action. This could be an executor named in the will or a court-appointed administrator if there’s no will.
  • Spouse: The surviving spouse has the right to bring forth file a wrongful death litigation in South Carolina. This covers spouses who are officially married and those in common-law relationships.
  • Children: The surviving children of the deceased person, including biological, adopted, and stepchildren, can bring a wrongful death claim. This also includes children born out of wedlock.
  • Parents: If the deceased person has no surviving spouse or children, their parents can file a wrongful death lawsuit. This applies to both biological and adoptive parents.
  • Legal Heirs: If there are no surviving spouses, children, or parents, the wrongful death lawsuit can be filed by any legal heirs of the deceased person.
  • Designated Beneficiary: In some cases, the deceased person may have designated a specific person or entity as a beneficiary in their will or other legal document to bring a wrongful death lawsuit.

At Local Accident Reports, we stand with families facing such heart-rending situations. We’re here to connect you with the resources and legal assistance. Learn more below about wrongful death cases, followed by additional information about other resources available.

South Carolina has a statute of limitations for wrongful death cases. This time limit is three years from the deceased’s death date (S.C. Code § 15-3-530(6)). Missing this deadline will bar you from seeking compensation. Even though three years may sound like a long time, evidence can begin to fade away long before the time limit is reached, so it’s best to get help from an attorney as soon as possible.

After a fatal car accident, grief and confusion can make every decision feel daunting. If you’ve lost a loved one, it’s important to consider filing a wrongful death claim to avoid severe financial strain as a result of your loss. Below are the general steps involved in filing such a claim.

  1. Gathering Information and Evidence – Gather all relevant accident information. This encompasses police reports, medical files, and eyewitness accounts. A solid case rests upon compelling evidence.
  2. Consult with a Wrongful Death Attorney – Contact a qualified wrongful death lawyer in South Carolina. They can evaluate your case, offer legal counsel, and lead you through the legal steps.
  3. Identify the Responsible Party – Determine who is legally responsible for your loved one’s death. For example, this could be another driver or in some cases, it may be a defective parts manufacturer or a government entity responsible for roadway maintenance.
  4. Initiate the Claim – Your attorney will help you file the wrongful death claim against the responsible party’s insurance company. They’ll ensure all required paperwork is submitted accurately and within the statute of limitations.
  5. Negotiation and Settlement – Your lawyer will negotiate with the insurance company for a fair settlement. If an agreement is reached, you’ll receive compensation for your losses without having to go to trial, which is usually the case with most wrongful death lawsuits.
  6. Trial When Necessary – Your attorney will prepare your case for trial if a fair settlement cannot be reached. This step involves presenting evidence and arguments in court.
  7. Compensation Distribution – According to South Carolina’s wrongful death laws, the compensation is distributed to the surviving family members once the case is resolved.

Filing a wrongful death claim in South Carolina can be a challenging process, but you can successfully pursue justice for your loved one with the right support. Enlist the help of an empathetic wrongful death lawyer to safeguard your family’s legal rights.

There is no successful wrongful death claim that does not clearly establish negligence. South Carolina law defines negligence as the failure to exercise reasonable care or act as a reasonably prudent person would under similar circumstances (S.C. Code § 15-51-10). Negligence can occur in various situations, such as car accidents. To establish negligence, the following elements must typically be proven:

  • Duty of Care: The defendant (the person alleged to be negligent) owed a duty of care to the plaintiff (the injured party). This duty is often based on the relationship between the parties or the specific circumstances of the case. In the case of a car accident, all drivers on the road owe responsible driving behavior to everyone around them.
  • Breach of Duty: The defendant breached or failed to meet the duty of care owed to the plaintiff. This means the defendant’s actions or omissions fell below the standard of care expected in a similar situation.
  • Causation: The breach of duty by the defendant was the direct and proximate cause of the plaintiff’s injuries or damages. In other words, there must be a clear link between the defendant’s actions and the harm suffered by the plaintiff.
  • Damages: The plaintiff suffered actual harm or damages due to the defendant’s breach of duty. These damages can include physical injuries, emotional distress, property damage, medical expenses, and more.

An attorney can guide and help you understand how these laws apply to your situation.

Emotions run high in the wake of a devastating loss caused by a fatal car accident. Tread carefully when dealing with insurance companies, media outlets, and social media. What you say in any setting can impact your wrongful death claim. Here’s what you should avoid when speaking about the accident:

  • Providing Unnecessary Details – While being truthful is important, avoid volunteering excessive details. Stick to the facts when discussing the accident, as insurance companies may use any inconsistencies to dispute your claim.
  • Speculating or Guessing – Don’t speculate about the accident’s cause or the extent of your loved one’s injuries. Stick to what you know and leave the investigation to the professionals.

The best course of action is to let a skilled wrongful death lawyer handle all communication for you. An attorney can speak on your behalf to ensure nothing is said that could harm your case.

Have you lost a loved one in a car fatality? There are different types of compensation you may be able to seek to help provide financial stability for the bereaved family. Economic Damages

  • Medical and Funeral Expenses: Covers costs incurred from the accident to the funeral.
  • Lost Wages and Benefits: Compensation for the deceased’s expected earnings and benefits.
  • Loss of Inheritance: Includes potential savings and inheritance.

Non-Economic Damages

  • Pain and Suffering: Addresses the emotional distress caused by the loss.
  • Loss of Companionship: Recognizes the loss of the relationship and support.

Punitive Damages

  • Cases of Gross Negligence: Awarded in rare cases to punish the wrongdoer when there is particularly egregious misconduct, like drunk driving.

If you have recently lost a loved one in a fatal car accident in South Carolina, the last thing on your mind should be concerns about legal fees. Here’s what you need to know about attorney fees:

  • Contingency Fees: Many wrongful death lawyers work on a contingency fee basis. This means you only pay if they win your case. If they don’t secure compensation, you don’t owe attorney fees.
  • Percentage-Based: Contingency fees are a percentage of the final settlement or award. Common percentages range from 33% to 40%. Your attorney will discuss the specific percentage during the initial consultation.
  • Expenses: While attorney fees are contingent, other case expenses (like court filing fees, expert witness fees, etc.) may apply. Clarify how these expenses will be handled with your attorney.
  • Fee Agreement: A written fee agreement detailing the terms, percentages, and expenses should be provided by your attorney. Review it carefully before proceeding.

The pursuit of a wrongful death case doesn’t have to be a financial struggle. There are options available to make legal counsel accessible to anyone regardless of their financial status.

South Carolina Local Accident Resources

If you, a friend, or a loved one has been victimized by a violent motor vehicle accident in the state of South Carolina, moving on from such a catastrophic event can be a difficult process. You are likely burdened with excessive medical bills, funeral costs, and serious emotional challenges as you navigate your grief. Here we have collected the best resources for whatever your situation may be.
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If You Cannot Work as the Result of a Catastrophic Accident

If you were involved in an accident that killed your loved one, and your ability to work has been impaired by that accident, you can turn to multiple resources that will help you receive financial aid and support:

  • Social Security Disability – Resources for South Carolina residents suffering from a severe impairment or potentially life-threatening personal injuries.
  • Supplemental Security Income – Resources for adult and juveniles who don’t meet the work credit criteria for social security disability in the State of South Carolina.
  • South Carolina Bar – For residents of South Carolina seeking the representation and assistance of a professional lawyer specializing in car accidents, personal injuries, wrongful deaths, and more.

Need help with requesting an official copy of the incident police report?

If you were involved in a car accident in South Carolina and would like to retrieve a copy of the police report for claims purposes, you can request a copy from the DMV by submitting a Form FR-50 and paying a fee. Police reports can also be retrieved from the South Carolina Highway Patrol headquarters or local police departments. If you or someone you love is having difficulties obtaining a copy of the police report for your injury accident, don’t hesitate to contact our office so we can help you get a free copy.

If You Require Emotional or Psychological Counseling or Additional Therapy

Accidents not only inflict terrible injuries on the body but can also leave a lasting impact on a victim’s mind. If you require emotional support or counseling to cope with your experience in a catastrophic vehicular accident, be sure to visit the links below:

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If You Require Financial Aid for Incidents Resulting from Criminal Activity

You may require additional help for fees related to legal assistance and/or medical bills. If this is the case, be sure to consider the following resources:

  • C. State Office of Victim Assistance – Sponsored by the Office of the South Carolina Attorney General, this program provides resources for victims of accidents caused by criminal activity. You can visit links to fill out an official claim form and view rules and regulations.

If You or a Loved One Were the Victims of an Accident Caused by DUI

Drunk driving is a terrible offense that can result in severe damage to innocent victims, their families, and friends. As reinforced by state law, the South Carolina DMV has set the limits of blood alcohol concentration (BAC) at 0.08% for adults (ages 21 years and older), 0.02 for young adults and juveniles (younger than 21 years), and 0.04% for commercial drivers. South Carolina ranks 8th among the states with severe problems related to drunk driving incidents as of reporting in 2023 by Forbes. If a DUI incident has victimized you, a loved one, or a friend and you require support, visit the following link:

  • South Carolina MADD – Mothers Against Drunk Driving seeks to provide endless support for victims of drunk driving incidents in the State of South Carolina. Call 877-ASK-MADD (877-275-6233). To contact South Carolina MADD, contact the Irmo office at 803-748-7333 or use the directory to find your local department.

Accident Prevention Services in South Carolina

In recent years, the State of South Carolina has taken some measures for preventing unfortunate motor vehicle accidents and resulting fatalities.

  • Office of Highway Safety and Justice Programs – Promoted by the South Carolina Department of Public Safety, this section provides traffic safety statistics and links to resources, including MADD (Mothers Against Drunk Driving), the Commercial Motor Vehicle Traffic Collision Fact Book, and SAFE KIDS.
  • Bicycle and Pedestrian Safety Resources – Sponsored by the South Carolina Department of Transportation, this website links various resources, including SC bicycle routes, the Palmetto Cycling Coalition, and an FHWA Bicycle and Pedestrian Safety program.

South Carolina Grief & Trauma Resources

Resources by State

Find Help After Tragic Loss

If you’ve lost a loved one in a fatal car accident, we here at Local Accident Reports understand the pain you’re enduring. But there is hope. Your family deserves support as well as compensation for your loss, and we can help make sure you get both. We are here to help you. Contact us now to get started.
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Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

378

Pickup and SUV Occupants

Pickup and SUV Occupants

265

Large Truck Occupants

Large Truck Occupants

14

Motorcyclists

Motorcyclists

145

Pedestrians

Pedestrians

154

Bicyclists

Bicyclists

18

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