The insurance claims adjuster calls to discuss settling your loved one's wrongful death case, but you're unsure what to expect or how to proceed. While no amount of money can make up for your loss, understanding the settlement process can help you make informed decisions about your family's future.
At Pracht Injury Lawyers, our experienced Anderson wrongful death lawyers guide South Carolina families through these difficult conversations with care and compassion. Our legal team handles insurance negotiations, working diligently to secure the financial support your family needs to move forward.
Typical Wrongful Death Settlement Timeline in South Carolina
Most wrongful death settlements in South Carolina follow a predictable sequence of events. After gathering evidence and calculating damages, initial settlement discussions typically begin around three months after the accident. Insurance companies usually respond to demand letters within 30 days.
Initial Investigation Phase
During the first couple of months, our Anderson wrongful death lawyer collects accident reports, medical records, and witness statements. We also identify all potential defendants and insurance policies that may provide coverage for your claim.
Damage Assessment and Documentation
The next phase involves working with financial experts to calculate economic losses and gathering evidence of non-economic damages. This includes projecting future lost income and benefits.
Rounds of Insurance Negotiations
Most wrongful death cases require multiple rounds of insurance negotiations. The first offer from the insurance company usually comes a few weeks after they receive our demand letter. Each subsequent round of the settlement process can take a few weeks as both sides evaluate new information and adjust their positions.
Common Defense Strategies in South Carolina Wrongful Death Cases
Insurance companies and defense attorneys often employ specific tactics when negotiating wrongful death settlements. Your Anderson wrongful death lawyer anticipates these strategies and prepares strong counter-arguments to protect your interests.
Comparative Negligence Arguments
South Carolina follows modified comparative negligence rules under S.C. Code § 15-38-15. Defense attorneys may claim your loved one was partially responsible for the accident that led to their death. For example, if your spouse was killed in a car crash, they might argue that your spouse was speeding or failed to signal a turn.
Your lawyer can gather evidence like accident reconstruction reports, witness statements, and surveillance footage to demonstrate the other party's responsibility for the accident. If partial fault exists, we work to minimize its impact on your settlement.
Pre-Existing Health Conditions
As part of the settlement process, defense teams sometimes argue that pre-existing health conditions contributed to or caused your loved one's death. For instance, if your family member had heart disease and died after a car accident, they might claim the heart condition was the primary cause of death and not the crash.
We work with medical experts to establish clear links between the negligent act and your loved one's death. We help to document how the accident accelerated or worsened any existing conditions.
Challenging Economic Damages
Insurance companies often dispute calculations of lost future income and benefits. If your spouse worked part-time or had an irregular employment history, they may try to minimize these losses.
To strengthen your position during insurance negotiations, our firm partners with economic experts to create detailed projections of lost earnings. This includes potential career advancement, benefits, and retirement contributions. We also factor in the value of household services your loved one provided.
Minimizing Pain and Suffering
Insurance companies often claim that the death was instantaneous to minimize compensation for conscious pain and suffering. In a car accident case, for example, they might argue that the victim had lost consciousness immediately.
Our experienced team works with medical experts to establish any period of conscious pain and suffering before death, ensuring this component of recoverable damages is properly valued in insurance negotiations.
The Role of South Carolina Statutes in Settlement Negotiations
Understanding key South Carolina state laws helps strengthen your position during the settlement process. Your Anderson wrongful death lawyer uses these statutes to advocate for fair compensation.
Statute of Limitations
Under S.C. Code § 15-3-530, wrongful death claims must be filed within three years of the date of death. Insurance companies may use approaching deadlines as leverage to pressure quick settlements. We manage case timelines effectively, ensuring all necessary evidence is gathered while preserving your right to file suit if negotiations stall.
South Carolina Tort Claims Act
When government entities are involved, the South Carolina Tort Claims Act (SCTCA) imposes special requirements and limitations. These cases require notice within one year and have damage caps. Our legal team identifies all potential defendants and follows proper procedures for claims against government agencies.
Negotiating Non-Economic Damages
South Carolina law allows recovery for non-economic losses in wrongful death cases, including:
- Loss of companionship
- Mental anguish
- Emotional distress
- Loss of guidance and support
We help quantify these intangible losses by documenting family relationships, gathering testimony from friends and relatives, and presenting evidence of your loved one's role in family life.
Probate Court Approval for Wrongful Death Settlements
South Carolina law requires probate court approval for wrongful death settlements. This process helps protect the interests of all beneficiaries and ensures proper distribution of settlement funds.
Requirements for Court Approval
The personal representative must file a petition with detailed information about the settlement, including:
- The total settlement amount
- Attorney fees and costs
- Distribution plans among beneficiaries
- Evidence supporting the settlement's fairness
Settlement Distribution Procedures
Once approved, the probate court oversees the distribution of the wrongful death settlement. The personal representative must provide documentation of all distributions and file a final report with the court.
Handling Disputes Among Beneficiaries
When family members disagree about settlement terms or distribution, the probate court can resolve these disputes. For example, if siblings disagree about sharing settlement proceeds from a parent's death, the court can determine fair allocation based on factors like financial dependency and family relationships.