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Who Can File a Wrongful Death Lawsuit After a Fatal Accident?
In South Carolina, family members can’t file a wrongful death lawsuit directly. The claim must be filed by the deceased person’s estate’s personal representative on your behalf. That rule surprises many families, and it usually delays cases at the exact moment time matters most.
At Douglas Jennings Law Firm, LLC, when you contact us after a fatal accident, our wrongful death lawyers in Bennettsville can confirm who has the legal authority to file and then explain the steps you must take to protect the claim and compensation.
How Does a Wrongful Death Claim Work in Bennettsville?
SC’s wrongful death law allows a lawsuit when a death is caused by another party’s wrongful act, neglect, or recklessness. The lawsuit is brought by the estate, not by individual relatives, but the recovery will benefit the surviving family members. This structure matters because a case can stall if no estate has been opened or if the wrong person tries to file.
Unfortunately, Bennettsville wrongful death attorneys regularly see families assume that a spouse or adult child can file immediately, only to learn months later that the court requires a personal representative first. Those lost months can weaken evidence and put your case dangerously close to the statute of limitations.
Who Can Serve as The Personal Representative in Bennettsville?
The personal representative is usually named in a will. If there is no will, the probate court appoints one, which is commonly a spouse or close family member. Once appointed, that person has the legal authority to bring the wrongful death lawsuit. Remember, opening an estate isn’t just paperwork. It’s the gateway to holding the responsible party accountable for your loved one’s death.
Who Benefits From a Wrongful Death Claim in Bennettsville?
While the estate must file the lawsuit, the law directs any recovery to specific surviving family members. Priority generally follows the following order:
- A surviving spouse and children
- If none, surviving parents
- If none, other heirs under the intestacy law
The estate itself doesn’t keep the money since the law is designed to compensate the people who lost companionship, financial support, and care. This distinction causes real problems for families because grieving creates delays. Maybe you’re focused on funeral arrangements, children, work, or unanswered questions. Meanwhile, insurers and defendants track deadlines closely.
When no one steps in early to establish the estate and file properly, defendants gain leverage because the legal procedure was ignored.
How a Bennettsville Wrongful Death Lawyer Can Help You File The Right Way
An experienced wrongful death attorney in Bennettsville will typically focus on structure first and investigation second because structure ensures that you get to file your claim. They’ll confirm who can serve as the personal representative, help initiate probate when needed, file your wrongful death claim correctly, and then investigate liability.
That includes preserving crash data, reviewing medical records, analyzing workplace safety failures, or uncovering institutional neglect. You get one opportunity to file this claim and recover compensation, and your lawyer can help ensure you do it right.
Connect With our Wrongful Death Attorneys in Bennettsville
If your loved one died because of a fatal accident, please get in touch with Douglas Jennings Law Firm, LLC. Our wrongful death lawyers in Bennettsville will explain who can file, confirm the deadline, and work promptly to protect your case. Reach us online or at 843-479-2865 to arrange your free case review now.