Your family is already coping with the devastating loss of a loved one due to someone else's negligence. Now you've learned that the person responsible for their death has also passed away. You're left wondering if you can still pursue justice and compensation through a wrongful death claim in South Carolina.
At Pracht Injury Lawyers, our Anderson wrongful death lawyers understand a defendant’s death adds another layer of uncertainty to an already difficult situation. While these cases present unique challenges, South Carolina law still provides a path forward for grieving families seeking accountability by way of estate liability.
How a Defendant’s Death Changes the Legal Process
When the at-fault party dies before or during a wrongful death lawsuit, the claim isn’t canceled or dismissed. Instead, the case proceeds against their estate. The first step is identifying the personal representative of the defendant's estate, as this person becomes the new defendant in the lawsuit.
The personal representative has a legal duty to respect estate liability while also defending the estate against possible claims and lawsuits. They must notify potential creditors, including wrongful death claimants, about the death and the opening of the estate in a timely manner.
Your Anderson wrongful death lawyer will need to file a claim against the estate within the proper timeframe. This ensures your family's right to compensation is protected as the estate goes through probate.
Just as your family needed to appoint a personal representative for your loved one's estate, the same process occurs for the defendant's estate. This creates a parallel legal track and timeline where both estates–and estate liability–must be properly managed according to South Carolina probate law.
Meeting Critical Deadlines and Requirements
Two key time limitations come into play when a defendant dies before or during a wrongful death case in South Carolina.
Wrongful Death Statute of Limitations
The standard three-year statute of limitations for wrongful death claims, as outlined in South Carolina Code Section 15-3-530, still applies from the date of your loved one's death.
A notable exception is medical malpractice. In that case, you have up to three years from the time of your discovery to file a wrongful death lawsuit. Claims against the government must be filed within two years.
You must also meet the deadlines for filing claims against the defendant's estate.
Public Notice to Creditors
South Carolina Code Section 62-3-801(a) requires personal representatives to publish a notice to creditors within one month of their appointment. The personal representative is required to publish a notice of the person’s death once a week for three successive weeks.
Creditors then have up to eight months after the personal representative's first public notice to file claims against the estate. If you miss this eight-month deadline, you may lose your right to recover compensation from the estate.
The Combined Impact of Deadlines
Your attorney must carefully monitor both the wrongful death case timeline and the probate proceedings. For example, if your loved one died in a car accident in January 2024, and the at-fault driver died in March 2024, you would need to file your wrongful death claim by January 2027. However, you would also need to file a claim against the driver's estate within eight months of the estate's notice to creditors.
Possible Compensation Sources for Estate Liability
When pursuing a wrongful death claim against a deceased defendant's estate, two main sources of compensation exist: assets and insurance.
Available Assets
The defendant's estate assets can be used to pay wrongful death claims. However, these assets may be limited, especially if multiple creditors or beneficiaries are involved. The estate's assets might include real estate, vehicles, bank accounts, investments, and other property owned by the deceased defendant.
Insurance Coverage
The defendant's insurance policies may still provide coverage even after death.
For example, if your loved one died in a car accident, the at-fault driver's auto insurance policy would typically still cover claims even if that driver later passed away. South Carolina’s modified comparative negligence rule still applies. Similarly, homeowner's insurance or umbrella policies may provide coverage depending on how the death occurred.
Unique Challenges in Cases With Deceased Defendants
Several specific issues can arise when pursuing a wrongful death claim against a deceased defendant's estate.
Collecting Evidence
Evidence gathering becomes more difficult since the defendant cannot testify about what happened. Your lawyer will need to rely more heavily on physical evidence, witness statements, and expert testimony to prove fault. This might include accident reconstruction experts, medical experts, or other specialists who can help establish liability.
Distributed Assets
The estate's assets may be distributed to beneficiaries before your claim is resolved. Your attorney can file the necessary legal documents to prevent this from happening and protect your interests. This might include filing a notice of claim or seeking a temporary restraining order to prevent asset distribution.
Other Claimants
Other creditors may also have legal claims against the estate, potentially reducing the amount available for your family's wrongful death claim. Your attorney will work to ensure your claim receives proper priority under South Carolina law.
How Our Anderson Wrongful Death Lawyers Can Help
At Pracht Injury Lawyers, we have extensive experience handling complex wrongful death cases throughout South Carolina. When you work with our firm, we will:
- Explore eligibility for both wrongful death and survival action claims
- File all necessary paperwork with both the civil court and probate court
- Identify and preserve critical evidence before it disappears
- Work with financial experts to document and fairly calculate wrongful death damages
- Negotiate with insurance companies and estate representatives on your behalf
- Protect your right to compensation throughout the legal process
Our skilled South Carolina legal team understands both wrongful death law and probate procedures, allowing us to effectively manage these nuanced cases while keeping your family informed at every step.
Dealing with the death of both your loved one and the at-fault party makes an already emotional situation even more challenging. Let our experienced Anderson wrongful death lawyers guide you through this difficult process while fighting for the compensation your family deserves.