Wrongful Death Attorney Summerville, SC

Quick Answer: A South Carolina wrongful death claim is brought by the personal representative of the estate for the spouse and children, or if there are none, the parents and then the heirs. For most Summerville families, the personal representative is appointed by the Dorchester County Probate Court in St. George, although families living in the Berkeley or Charleston County parts of Summerville use those counties’ probate courts. Claims generally must be filed within three years of the death, and every settlement must be approved by a court.

On this page:

• Which probate court handles a Summerville claim?
• What fatal accidents lead to Summerville wrongful death claims?
• What about drownings in neighborhood pools and ponds?
• Does life insurance reduce a wrongful death claim?
• What damages can the family recover?
• How are the proceeds divided?
• Why must a court approve the settlement?
• How long does a wrongful death case take?

Which Probate Court Handles a Summerville Wrongful Death Claim?

Generally, the probate court in the county where the person who died was living. Under S.C. Code Section 15-51-20, only the executor or administrator can bring a wrongful death action, so a personal representative must be appointed first. The following table summarizes the probate courts that serve the Summerville area:

If the person left a will naming an executor, that person usually serves; if not, a family member petitions to be appointed administrator. We help families prepare that petition so the claim is not delayed.

What Fatal Accidents Lead to Summerville Wrongful Death Claims?

Most of the fatal cases we see from Summerville involve vehicle crashes on I-26, Dorchester Road, Bacons Bridge Road, North Main Street and the two-lane roads at the edges of town, including crashes with commercial trucks and impaired drivers. We also handle claims arising from pedestrian and bicycle deaths, construction accidents, medical negligence, unsafe properties and defective products. When a death happened on the job, the family may have both workers’ compensation death benefits and a claim against an outside company, as explained on our Summerville workplace injury lawyer page.

What About Drownings in Neighborhood Pools and Ponds?

Many Summerville subdivisions have community pools and stormwater ponds, and drownings, especially of young children, are devastating. Responsibility may rest with a homeowners association, a property management company, a pool operator or a property owner, depending on who controlled the area and what safety measures were required. Broken gates, missing fencing, absent lifeguards where one was promised and inadequate supervision at a paid facility are among the issues we examine.

Does Life Insurance Reduce a Wrongful Death Claim?

Generally, no. Life insurance the person bought, and similar benefits from sources independent of the wrongdoer, generally do not reduce what the responsible party owes. That rule, often called the collateral source rule, means a family should not hesitate to claim life insurance benefits while the wrongful death case is pending.

What Damages Can a Summerville Family Recover?

Under S.C. Code Section 15-51-40, a jury may award damages to each beneficiary in proportion to that person’s loss. South Carolina juries generally may consider lost financial support and services, the family’s grief and mental anguish, and the loss of companionship, care and guidance. A separate survival claim under S.C. Code Section 15-5-90 can recover the person’s own medical expenses and conscious pain and suffering before death. Punitive damages may be available when the death resulted from recklessness, willfulness or malice, such as drunk driving.

How Are Wrongful Death Proceeds Divided?

Wrongful death proceeds are divided among the statutory beneficiaries as if the person died without a will, regardless of what a will says. Generally, a surviving spouse and children share, with the spouse receiving one-half when there are children; if there is no spouse or child, the parents receive the proceeds, and then other heirs. A court may limit a parent’s share if that parent failed to reasonably support the child during minority.

Why Must a Court Approve a Wrongful Death 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 settlement amount, attorney’s fees, how the money is allocated between the wrongful death and survival claims, and how any child’s share will be protected. That process protects the family, but it takes time, which is one reason to open the estate early.

How Long Does a Wrongful Death Case Take?

It varies. Claims with clear liability and adequate insurance may resolve within months, while cases involving disputed fault, several defendants or a lawsuit can take a year or more. The claim generally must be filed within three years of the death under S.C. Code Section 15-3-530, or within two years for most claims against government entities under the South Carolina Tort Claims Act. In the meantime, we keep the family informed and handle communications with insurers so the family can focus on each other.

What Should a Summerville Family Do First?

In the first weeks, avoid giving recorded statements to the at-fault party’s insurer, keep funeral and medical bills and any insurance letters, write down what witnesses or your loved one said about what happened, and do not sign a release or cash a settlement check before talking with a lawyer. Most importantly, talk with a lawyer about opening the estate in the correct county so the claim can move forward.

What If Our Loved One Was Partly at Fault?

The family can still recover as long as the person who died was not more at fault than the defendants combined. South Carolina follows the modified comparative negligence rule from Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), and any award is reduced by the deceased person’s share of fault.

Unfortunately, insurers know that the person who died cannot tell his or her side of the story, and they often try to shift blame. Vehicle data, scene measurements, video and early witness statements are the best answers to those arguments, which is why we move quickly to preserve them. In some cases, an accident reconstruction professional can show speeds, sight lines and timing that the initial police report did not capture.

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

If you lost a family member because of someone else’s negligence in Summerville, SC, our Summerville 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.

Attorney responsible for this page: Nicholas J. Clekis, Clekis Law Firm, 2850 Ashley Phosphate Road, North Charleston, SC 29418.