Under South Carolina law (South Carolina Code Section 15-51-10), eligible family members of the victim of a fatal accident have the right to file a civil wrongful death lawsuit against the at-fault party (or parties). These claims can be settled outside of court. In fact, most wrongful death cases in the state are resolved without a trial. Here, our wrongful death lawyer in Charleston highlights the key things to know about resolving a claim out of court in South Carolina.
Most Wrongful Death Claims in South Carolina Settle Before Trial
South Carolina allows surviving family members to bring a wrongful death action. Although the statute authorizes formal litigation (a wrongful death lawsuit and a full trial), the reality is that most claims never reach a courtroom. Settlement occurs because families often want closure without the strain of a lengthy trial. Defendants and insurers also often prefer resolution because trials create uncertainty and significant expense. A settlement permits both sides to evaluate the strength of the evidence and agree on compensation that is appropriate given the specific circumstances.
The Personal Representative Must Approve and File the Action
A unique feature of South Carolina wrongful death law is the requirement that a personal representative control the claim. Family members cannot file individually. That is allowed in some other jurisdictions, but it is not an option under South Carolina state law. Instead, the personal representative acts on behalf of beneficiaries and must approve of any settlement. Courts may require review of the settlement when minor children are beneficiaries. The personal representative (and the courts) are tasked with protecting the interests of all eligible family members who are party to the wrongful death case.
How Settlement Negotiations Work
Reaching a proper wrongful death settlement can be challenging. Unfortunately, even in these most terrible of cases, defendants and insurance companies can be aggressive. For that reason, strong legal representation is a must. Settlement begins with a clear presentation of liability and damages. A wrongful death team can gather accident reports, witness statements, expert opinions, medical records, and financial documentation. South Carolina wrongful death damages include lost income, funeral expenses, loss of companionship, and mental anguish. Insurers evaluate each category carefully. Negotiations typically involve written demands, counteroffers, and structured discussions. Mediation is common in these cases, though it is not required for a wrongful death settlement.
When Settlement is Not Advisable in a South Carolina Wrongful Death Case
Not every case should settle. If liability is heavily disputed or the insurer offers compensation that does not reflect the full value of the loss, proceeding toward trial may be necessary. Families should not accept an offer that fails to account for long-term financial consequences or for the profound emotional loss caused by the wrongful death.
Call Our Charleston, SC Wrongful Death Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston wrongful death attorney has the experience that your family can rely on. If your loved one was killed in an accident, please do not hesitate to contact us today for a free, completely confidential consultation. From our Charleston office, we represent families in wrongful death settlements throughout South Carolina.