One phone call turned your entire world upside down in an instant. Your loved one died in an accident caused by a drunk driver who made the selfish decision to get behind the wheel while intoxicated. Now, as you grapple with grief and try to make sense of this senseless tragedy, you're facing mounting funeral expenses and the loss of your family's financial stability.
At the Law Office of Sean M. Wilson, we understand—and we're here to help. When a drunk driver takes the life of someone you love, a wrongful death claim can help you hold them accountable. Our South Carolina wrongful death lawyers ensure you understand your rights and guide you through the legal process while you focus on healing and supporting your family.
The road ahead may seem daunting, but you don't have to walk it alone. Here's what you should know about wrongful death claims and how working with an experienced legal team can help you make informed decisions about your family's future.
Understanding South Carolina Wrongful Death Laws
South Carolina's wrongful death statute allows family members to seek compensation when their loved one dies due to another person's negligent or intentional actions. When a drink driver causes a fatal accident, their decision to drive while impaired clearly falls under this definition.
Who Can File a Wrongful Death Claim
Only specific family members can file a wrongful death claim in South Carolina. The deceased person's spouse has the primary right to bring the claim. Without a surviving spouse, adult children can file the lawsuit. When there's no surviving spouse or adult children, the deceased person's parents may pursue the claim.
How Long You Have to File a Claim
In South Carolina, you have three years from the date of your loved one's death to file a wrongful death claim. This time limit is strict, and failing to file within this period typically results in losing your right to seek compensation. However, certain circumstances may affect this timeline, making it crucial to consult a wrongful death lawyer as soon as possible.
Modified Comparative Negligence
The Palmetto State follows a modified comparative negligence system, meaning that even if your loved one bears some responsibility for the accident, you may still recover damages if their fault is less than the other driver's. In drunk driving cases, the intoxicated driver typically shoulders most of the responsibility.
Essential Evidence for Your Wrongful Death Case
Building a strong wrongful death claim against a drunk driver requires gathering specific types of evidence that prove both the driver's intoxication and their responsibility for the fatal accident. Your case often depends on the quality and completeness of the evidence you present.
Helpful evidence includes the following:
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Police reports. These reports often include the officer's observations about the drunk driver's behavior, speech, and physical condition. Field sobriety test results and breathalyzer readings recorded at the scene provide crucial proof of intoxication.
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BAC test results. Blood alcohol content (BAC) test results represent powerful evidence in drunk driving wrongful death cases. South Carolina law requires blood or breath testing when a driver is suspected of DUI in a fatal accident. These test results, along with the chain of custody documentation, can definitively establish that the driver was legally intoxicated at the time of the crash.
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Witness statements. Witnesses may have observed the driver swerving, speeding, or driving erratically. Some witnesses might have seen the driver drinking at the bar or restaurant before getting behind the wheel, which can strengthen your case significantly.
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Surveillance footage. Footage from nearby businesses, traffic cameras, or dashcams may show the drunk driver's vehicle crossing lanes, running red lights, or failing to brake before impact. Cameras from the establishments where the driver drank can also document intoxication.
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Electronic data. Modern cars contain event data recorders that capture information about speed, braking, and steering inputs in the moments before impact. cellphone records might show whether the drunk driver was texting or talking while driving, adding another layer of negligence.
Steps to Take Immediately After the Tragedy
The hours and days following your loved one's death in a drunk driving accident are among the most difficult you'll ever face. However, taking certain steps during this time can protect your legal rights and strengthen your eventual wrongful death claim.
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Contact law enforcement immediately if you haven't already done so.
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Request copies of the police reports and ask for the report numbers so you can follow up.
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Seek medical attention for any family members injured in the accident, even if their injuries seem minor.
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Keep all medical records and bills related to the accident.
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Document everything you can remember about the accident and the events leading up to it, writing down the details while they're fresh in your memory.
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Notify your insurance company about the accident, but decline to provide a recorded statement until you've consulted an attorney.
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Avoid speaking with the drunk driver's insurance company or legal representative without your attorney.
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Begin gathering essential documents for your wrongful death claim, such as your loved one's medical records, employment records, tax returns, and financial statements.
How a South Carolina Wrongful Death Lawyer Can Help
Pursuing a wrongful death claim against a drunk driver requires legal knowledge and resources that most families don't possess. The Law Office of Sean M. Wilson's experienced South Carolina wrongful death lawyers can provide invaluable assistance throughout this challenging process.
We handle all aspects of the legal process—filing all necessary paperwork, meeting court deadlines, and communicating with insurance companies and opposing counsel—allowing you to focus on grieving and supporting your family. Having professional representation ensures that your rights are protected every step of the way.
Our attorneys work with accident reconstruction specialists who analyze the crash, medical professionals who testify about your loved one's injuries, and economists who can calculate the full extent of your financial losses.
We work to maximize the compensation available to your family, calculating obvious damages like medical bills and funeral costs, as well as more complex losses like your loved one's future earning capacity and the value of their guidance and companionship.
Going up against drunk drivers and their legal teams requires someone who understands both the legal and emotional aspects of these cases. The Law Office of Sean M. Wilson advocates aggressively for your family's rights while providing the compassionate support you need during this difficult time.