Abogado especializado en homicidio culposo en Ladson, Carolina del Sur

Quick Answer: A South Carolina wrongful death claim is brought by the personal representative of the estate for the spouse and children, then the parents, then the heirs. For a Ladson family, the personal representative is appointed by the probate court of the county where the person lived, which may be Berkeley, Charleston or Dorchester County. Claims generally must be filed within three years of the death, and every settlement must be approved by a court.

En esta página:

• Which probate court handles a Ladson claim?
• What fatal accidents lead to Ladson claims?
• What if a commercial truck caused the death?
• What if the death happened at work?
• What can the family recover?
• How is the recovery divided?
• How are children’s shares protected?
• Why does a court approve the settlement?
• ¿Y si nuestro ser querido tuviera parte de la culpa?
• How long does the family have?

Which Probate Court Handles a Ladson Wrongful Death Claim?

Under S.C. Code Section 15-51-20, only the executor or administrator of the estate can bring a wrongful death action, so the family’s first legal step is having a personal representative appointed. Generally, that happens in the probate court of the county where the person who died was living:

Because the county lines through Ladson are not always obvious, we confirm the county from the address before preparing the petition, so the appointment is made in the right place the first time.

What Fatal Accidents Lead to Ladson Wrongful Death Claims?

Many of the fatal cases we see from Ladson involve crashes on I-26, College Park Road, Ladson Road, U.S. 78 and Palmetto Commerce Parkway, often involving tractor-trailers or other commercial vehicles. We also see claims arising from industrial and warehouse accidents, pedestrian deaths, unsafe properties, medical negligence and defective products.

What If a Commercial Truck Caused the Death?

Truck crashes often involve several responsible parties, including the driver, the motor carrier, the company that loaded the cargo and the company that maintained the truck. Interstate carriers must follow federal safety rules and generally carry much higher insurance than ordinary drivers. Electronic logs, engine data and dash camera video can show speed, braking and driver hours, but that evidence can be lost if it is not preserved quickly. In a fatal truck crash, we send preservation letters right away.

What If the Death Happened at Work?

When a worker dies on the job, the employer is generally protected from a lawsuit by workers’ compensation, which provides death benefits to dependents and funeral expenses. However, if a different company caused the death, such as another contractor at the site, a carrier whose driver struck the worker, or the maker of defective equipment, the family may bring a wrongful death claim against that company as well. Our Ladson workplace injury lawyers explain how the two claims work together.

What Can a Ladson Family Recover?

Under S.C. Code Section 15-51-40, a jury may award damages for each beneficiary’s loss, including lost financial support and services, grief and mental anguish, and loss of companionship, care and guidance. A survival claim under S.C. Code Section 15-5-90 can recover the person’s medical expenses and conscious pain and suffering before death. Punitive damages may be available for reckless, willful or malicious conduct, such as an impaired or fatigued truck driver.

How Is a Wrongful Death Recovery Divided?

The proceeds are divided among the statutory beneficiaries as if the person died without a will, regardless of what any will says. Generally, a spouse receives one-half and the children share one-half when both survive; a spouse alone receives everything; children alone share equally; and if there is no spouse or child, the parents receive the proceeds. A court may limit a parent’s share if that parent failed to support the child during minority.

How Are Children’s Shares Protected?

When a minor child is a beneficiary, the court reviewing the settlement pays close attention to how that child’s share will be protected until adulthood. Common arrangements include restricted bank accounts, structured settlements that pay over time and conservatorships. We work with the family to propose an arrangement that meets the child’s needs and that the court will approve.

Why Must a Court Approve the Settlement?

South Carolina requires court approval of every wrongful death and survival settlement under S.C. Code Section 15-51-41, and only a duly appointed personal representative can settle under Section 15-51-42. The court reviews the amount, the allocation between the wrongful death and survival claims, attorney’s fees and costs, and the protection of any minor’s share. Wrongful death proceeds generally are not available to the estate’s creditors, while survival proceeds may be.

¿Y si nuestro ser querido tuviera parte de la culpa?

The family can still recover as long as the person who died was not more at fault than the defendants combined, under South Carolina’s modified comparative negligence rule from Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991). Any award is reduced by the deceased person’s share of fault. Because insurers often try to blame the person who cannot tell his or her side, preserving physical evidence and witness accounts early is critical.

How Long Does a Ladson Family Have to File?

Generally three years from the date of death under S.C. Code Section 15-3-530. Claims against state or local government entities generally must be filed within two years under the South Carolina Tort Claims Act. In the meantime, avoid recorded statements to the at-fault party’s insurer, keep all bills and insurance letters, and do not sign a release before talking with a lawyer.

What Should a Ladson Family Do in the First Weeks?

Grief makes it hard to think about legal steps, but a few early actions protect the family’s rights. Avoid giving recorded statements to the at-fault party’s insurer, and do not sign releases or cash checks from an insurer before speaking with a lawyer. Keep funeral bills, medical bills and any letters from insurers in one place, and write down what witnesses said and anything your loved one said about what happened.

Next, gather documents that help open the estate, such as the death certificate, any will, and the names and addresses of the spouse, children and parents. If the death involved a crash, note the exact location and the agency that responded, which helps confirm the county. With those basics, we can usually prepare the probate petition quickly and begin preserving evidence while the family focuses on each other.

Related pages: Our main North Charleston wrongful death lawyer and Charleston wrongful death lawyer pages explain this practice area in more depth. Clients in Ladson also turn to our Ladson personal injury lawyer, Ladson car accident lawyer, Ladson workplace injury lawyer, Ladson medical malpractice lawyer and Ladson criminal defense lawyer pages, and we handle the same kinds of cases for clients who need a wrongful death lawyer in Summerville or a wrongful death lawyer in Goose Creek.

If you lost a family member because of someone else’s negligence in Ladson, SC, our Ladson wrongful death lawyers at Clekis Law Firm can explain your family’s options. Call 843-900-0000 or contact us to schedule a consultation. Our North Charleston office at 2850 Ashley Phosphate Road is open 24 hours a day, seven days a week, and we also meet clients by appointment at our Charleston office on Church Street.

Abogado responsable de esta página: Nicholas J. Clekis, Bufete Clekis, 2850 Ashley Phosphate Road, North Charleston, SC 29418.