What happens after I file a wrongful death claim?

Losing someone due to another person's negligence leaves families with grief and unanswered questions at the same time. One of the most pressing questions is a practical one: after a wrongful death claim is filed, what actually happens next?

At the Law Office of Sean M. Wilson, our experienced South Carolina wrongful death lawyers will answer that question clearly and honestly and guide you through each stage of the wrongful death claim process so nothing comes as a surprise. Understanding how these cases move forward won't bring your loved one back, but it can bring some measure of clarity during an incredibly hard time.

Who Has the Right to File a Wrongful Death Claim in South Carolina?

Under South Carolina intestacy law, a wrongful death claim is filed by the personal representative of the deceased's estate. This is typically someone named in a will or appointed by the court. The personal representative acts on behalf of surviving family members, including a spouse, children, or parents, and has the legal authority to pursue the claim.

If no personal representative has been appointed, one may need to be named before the wrongful death claims process can proceed. Our South Carolina wrongful death lawyers can assist with this step and ensure the right person is appointed to handle these important tasks.

How Does the Investigation and Evidence Gathering Stage of the Wrongful Death Claims Process Work?

Before any demand for payment is made or a lawsuit is filed, the foundation of the case must be built. This means collecting and preserving evidence that explains how the death occurred and who is responsible. Common types of evidence in a wrongful death case include:

• Medical records
• Accident or incident reports
• Witness statements
• Expert opinions
• Surveillance footage
• Relevant photographs or physical evidence

This stage is crucial and takes time. Our skilled wrongful death attorneys understand how a thorough investigation strengthens your claim. It also reduces the risk that critical facts that could harm your claim will surface later, when it can be more challenging to minimize the damage to your claim. 

What Happens During the Demand Letter and Negotiation Phase?

Once the investigation is complete and liability has been assessed, the next step in the wrongful death claims process is for our wrongful death lawyers to send a demand to the at-fault party or their insurance carrier. This demand outlines how the other party’s negligence caused your family member’s tragic death and the economic and non-economic damages being sought.

Economic damages in a South Carolina wrongful death case may include:

• Medical expenses
• Funeral and burial costs
• Lost income and financial support
• Loss of your family member’s practical support for your family

Non-economic damages may also be recoverable and can include:

• Mental anguish
• Loss of companionship
• Loss of the deceased's care and guidance
• Emotional suffering of surviving family members

Once the demand letter is received, the insurance carrier will review it and respond, often with a lower counteroffer or disputes about liability, the extent of damages, or both. These back-and-forth settlement negotiations are a normal part of the wrongful death claim process, not a sign that the case is falling apart. Our attorneys will evaluate each response, push back where the insurer's position is unsupported, and work toward a number that fairly reflects what your family has lost. 

Stages in a Wrongful Death Lawsuit 

If a fair settlement cannot be reached or the three-year deadline to file a lawsuit is approaching, our skilled wrongful death lawyers will file a formal lawsuit in civil court. Here are three crucial stages of your lawsuit:

• Discovery. Both sides exchange information, take depositions, and identify expert witnesses. This process can last for months. 
• Mediation. Many cases are resolved when both parties work with a neutral third party to reach an agreement before trial. 
• Trial. If mediation fails, a judge or jury determines liability and damages at a trial. At the Law Office of Sean M. Wilson, our attorneys will be thoroughly prepared to take your case to a jury trial and know this may motivate the insurance company to agree to settle your claim. 

How Long Does a Wrongful Death Case Take to Resolve?

Wrongful death claims process timelines can vary. A case that settles during early negotiations may be resolved within several months. One that goes through full discovery and trial may take two years or longer. 

Why You Need the Law Offices of Sean M. Wilson Advocating for You

Our dedicated wrongful death lawyers at the Law Office of Sean M. Wilson understand how devastating it can be to lose a family member, especially when someone’s negligence caused their death. We’re committed to being with you through every step in the wrongful death claim process, from the first conversation to the final resolution of your case. We won’t give up until we’ve helped you obtain the compensation and justice you need and deserve to pick up the pieces of your life and move forward.