South Carolina Wrongful Death Lawyer Discusses Legal Process and Case Timelines
As a wrongful death lawyer serving South Carolina families, Christopher Pracht understands time is a sensitive concern when filing a lawsuit. While you want to resolve the case quickly to help with mounting expenses, accepting a fast settlement often means receiving much less than your claim could be worth.
Many factors can influence the timeline and case duration for wrongful death cases. At Pracht Injury Lawyers, we balance pursuing full compensation with efficiently moving forward through the legal process.
Key Factors That Shape the Legal Process
Each wrongful death case follows its own timeline based on several variables. Your lawyer must investigate liability, gather evidence, assess damages, and negotiate with insurance companies. Settlement talks can move swiftly if fault is clear and the insurance company makes a reasonable offer.
However, if liability is disputed or multiple parties share responsibility, establishing fault takes more time. South Carolina wrongful death cases involving commercial vehicles, medical negligence, or dangerous products often call for extensive investigation and expert analysis.
The severity of losses and the size of potential damages also affect case duration. Higher-value claims face more scrutiny from insurance companies and defense lawyers. They may challenge various aspects of the claim, requiring additional documentation and negotiation rounds.
South Carolina Wrongful Death Laws and Requirements
South Carolina law sets specific guidelines for wrongful death claims. Only the executor or administrator of the deceased person's estate can file the lawsuit. This representative must be appointed by the probate court before legal action begins.
The state's statute of limitations typically gives families three years from the date of death to file a lawsuit. Missing this deadline usually means losing the right to seek compensation. However, certain circumstances can extend or shorten this timeframe.
Wrongful Death Recoverable Damages
South Carolina families may seek various wrongful death damages when filing a claim, including:
- Medical expenses incurred before death
- Funeral and burial costs paid by the estate
- Lost income and benefits the deceased would have earned
- Loss of companionship experienced by family members
- Mental anguish and grief suffered by survivors
Families often file survival action cases at the same time, recovering damages incurred by the victim before they died.
Timeline Variations by Wrongful Death Case Type
Different types of wrongful death cases often follow distinct timelines, resulting in a different legal process and expected case duration.
Auto Accident Cases
Fatal car crash cases may resolve more quickly when clear evidence of fault exists, police reports support your claim, and insurance coverage is adequate. Single-vehicle incidents are generally simpler and more straightforward than serious car accidents involving multiple vehicles.
Medical Malpractice Claims
Wrongful death cases involving accusations of medical malpractice typically require more time. They can involve detailed review of medical records, coordinating expert witness testimony, and the involvement of a hospital’s legal team. There are also specific pre-suit notice requirements that you must fulfill.
Workplace Accident Cases
Timeline factors that affect wrongful death cases resulting from fatal workplace accidents include filing a claim with workers' compensation, investigating third-party liability, and corresponding with multiple insurance carriers. Your lawyer may also need to look into relevant OSHA investigation findings.
Product Liability Claims
Product liability cases often extend longer because corporate legal teams get involved and multiple defendants may share liability. The fatal accident may have been caused by faulty design, manufacturing, or installation. These claims often require the investigation of similar incidents as evidence.
Evidence Collection and Expert Analysis Details
Building a strong case requires gathering extensive documentation:
- Medical evidence. Medical records, emergency room reports, hospital charts, and autopsy findings must be collected and reviewed by medical experts.
- Accident reports. Police reports, photographs, witness statements, and physical evidence help establish how the death occurred.
- Financial documentation. Tax returns, pay stubs, benefits information, and retirement accounts demonstrate economic losses.
- Family impact. Personal testimony, photographs, videos, and daily life documentation show relationship losses.
- Expert witnesses. To support your claim, your lawyer may seek insight from medical specialists, accident reconstruction experts, economic loss calculators, life care planners, and mental health professionals.
The Legal Process Before and During Trial
After filing a wrongful death lawsuit, you can expect to go through several phases.
Discovery
The discovery phase involves written questions and answers, document exchanges, and recorded statements. Your lawyer may file expert depositions while investigating the evidence further.
Pre-Trial
Pre-trial motions address the admissibility of evidence, legal responsibilities, and procedural matters. It may also involve scheduling settlement conferences to resolve the case without going to trial.
Trial
If going to trial becomes necessary, the preparation phase includes preparing witnesses, organizing exhibits, crafting opening statements, and coordinating expert testimony. Your South Carolina wrongful death lawyer may also discuss jury selection strategy with you.
How Families Can Help Move Their Case Forward
You can support your claim's progress by:
- Maintaining organized records of all related expenses
- Promptly responding to attorney requests for information
- Keeping a journal documenting family impact
- Avoiding social media posts about the case
- Following medical provider recommendations
- Staying patient with the legal process
Getting Help With Your Wrongful Death Case
At Pracht Injury Lawyers, we understand you want answers and resolution. Our South Carolina wrongful death lawyer provides realistic timeline expectations while aggressively pursuing your claim. We keep you informed at every stage of the legal process and work to resolve your case as efficiently as possible without sacrificing fair compensation.