Losing a loved one to a drunk driver can leave a South Carolina family facing grief, financial hardship, and many difficult questions. When a person dies because another driver chose to drive while impaired by alcohol, the surviving family may have the right to pursue a wrongful death claim under South Carolina law.
No legal action can undo the loss of a spouse, parent, child, or other loved one. However, a wrongful death claim may help a family recover compensation for the losses caused by the death and hold the responsible driver accountable.
South Carolina law S.C. Code Ann. § 15-51-10 allows a wrongful death lawsuit when a person’s death is caused by the wrongful act, neglect, or default of another person. The law generally applies when the deceased person would have been able to bring a normal personal injury claim had they survived.
A drunk driving crash is one example of an accident that may result in a wrongful death claim.
When someone gets behind the wheel after drinking, alcohol can affect reaction time, judgment, coordination, and the ability to make safe driving decisions. If an impaired driver causes a fatal collision, the driver’s negligence or other wrongful conduct may provide the basis for a civil lawsuit.
For a family losing a loved one to a drunk driver, the civil wrongful death claim is separate from any criminal charges the driver may face.
South Carolina law establishes who may bring a wrongful death action and who may receive compensation from the claim. Generally, the surviving spouse and children have priority. If there is no surviving spouse or child, the law provides for other family members in certain circumstances.
The wrongful death action is brought by or in the name of the deceased person’s executor or administrator. This means that family members should not assume they can simply file an individual lawsuit for their personal losses.
An experienced South Carolina wrongful death attorney can explain who has the legal right to pursue the claim and how any settlement or judgment may be distributed.
A wrongful death case generally requires evidence showing that the other driver’s wrongful conduct caused the person’s death.
In a drunk driving case, important evidence may include:
A DUI conviction may provide important evidence in a civil case, but a family does not necessarily have to wait for the criminal case to conclude before investigating a wrongful death claim.
For people losing a loved one to a drunk driver, preserving evidence can be especially important. Video footage can be erased, vehicles can be repaired or destroyed, accident scenes repaired or washed away, and witnesses’ memories can fade.
Attorney David L. Hood and his co-counsel legal team can begin investigating the circumstances of the crash and working to preserve important evidence.
A South Carolina wrongful death claim is intended to compensate eligible beneficiaries for losses caused by the death.
Depending on the circumstances, damages may include financial losses associated with the deceased person’s income, financial support, and contributions to the family. Other losses may also be available under South Carolina law, such as pain and suffering and medical expenses.
South Carolina law also permits extra punitive damages in certain cases involving reckless, willful, or malicious conduct.
The amount of compensation depends on the facts of each case. Factors may include the dead person’s age, income, life expectancy, family relationships, financial contributions, and the circumstances of the fatal accident.
In some cases, the conduct of the drunk driver may be an important factor when determining if punitive damages should be considered.
Insurance coverage can play an important role after a fatal drunk driving accident.
South Carolina law requires drivers to carry minimum automobile liability insurance. The state also requires uninsured motorist coverage, subject to applicable law and policy provisions. (SCDOI)
However, determining the available insurance coverage may be more complicated than simply looking at the drunk driver’s policy.
There may be additional insurance policies that could provide coverage depending on how and where the accident occurred. An investigation may also need to determine whether uninsured or underinsured motorist coverage applies. If a bar or restaurant was involved in overserving the DUI driver, they may also be liable under South Carolina “dram shop” laws. Families should be cautious about accepting an insurance company’s early settlement offer. The first offer may not reflect the full value of a wrongful death claim. Also, you need to make sure your settlement doesn’t keep you from going after all the liable insurance companies and defendants. This is especially important for families losing a loved one to a drunk driver, because the financial consequences of the death may continue for years.
Time is important after a fatal accident.
Under South Carolina law (S.C. Code § 15-3-530(6)), an action for death by wrongful act generally must be filed within three years of the person’s death. Certain circumstances can affect how the deadline applies, so families should not assume that they have three years to wait before taking action.
Missing an applicable filing deadline can prevent a family from pursuing compensation. For this reason, anyone losing a loved one to a drunk driver should consider speaking with a South Carolina wrongful death attorney as soon as reasonably possible.
An attorney can determine which deadlines apply, investigate the accident, identify all potential defendants, and begin preserving evidence.
Potentially, yes.
If the evidence shows that an impaired driver’s conduct caused the death, the surviving family may have a wrongful death claim against the responsible driver.
The specific facts matter. Investigators and attorneys may examine how much the driver had been drinking, whether the driver was impaired, whether the driver was speeding or driving recklessly, and exactly how the collision occurred.
There may also be circumstances in which another person or business could potentially share responsibility. For example, the facts surrounding how alcohol was provided or how the vehicle was used may require further investigation.
Also, read our blog Dram Shop Law Cases in South Carolina
Each case must be evaluated individually under South Carolina law.
After losing a loved one to a drunk driver, family members may feel overwhelmed and unsure about what to do next. While every situation is different, several steps can help protect a potential wrongful death claim.
There is no amount of money that can truly compensate a family for losing a loved one to a drunk driver.
A wrongful death lawsuit cannot bring back a spouse, parent, child, or other family member. It can, however, provide a legal avenue for seeking the maximum available compensation for the financial and other losses caused by the death.
It can also hold a negligent driver accountable for a decision that permanently changed the lives of an innocent family.
If your family has experienced a fatal drunk driving crash in South Carolina, you do not have to navigate the legal process alone.
Potentially, yes. South Carolina law allows wrongful death claims when a person’s death results from the wrongful act, neglect, or default of another person. Whether you have a claim depends on the specific circumstances and your relationship to the deceased.
No. A criminal DUI case and a civil wrongful death case are separate legal matters. A DUI investigation or conviction may provide important evidence, but a family does not necessarily have to wait for the criminal case to be resolved before pursuing a civil claim.
Depending on the circumstances, a wrongful death claim may allow eligible beneficiaries to recover compensation for losses caused by the death. South Carolina law may also allow exemplary damages when the defendant’s conduct meets the legal requirements for such an award.
A South Carolina wrongful death action generally must be filed within three years after the person’s death. Exceptions may apply, so it is important to speak with an attorney promptly rather than relying on the general deadline.
Families should carefully evaluate an insurance settlement before accepting it. Once a settlement is accepted, it may prevent the family from seeking additional compensation. An attorney can review the available insurance coverage and potential value of the wrongful death claim before a settlement decision is made.
Also read our blog: “Final Offer”: A Common Insurance Company Bluff
The Law Offices of David L. Hood has represented injured people and families throughout South Carolina for more than 35 years. The firm handles wrongful death, motor vehicle accidents, personal injury, medical malpractice, workers’ compensation, and other serious injury claims.
Attorney David L. Hood has received recognition including America’s Top 100 Personal Injury Attorneys, Nation’s Top One Percent in the National Association of Distinguished Counsel, and America’s Top 100 Medical Malpractice Litigators. The firm also has more than 105 verified five-star client reviews.
The Law Offices of David L. Hood offers free consultations and represents clients on a contingency-fee basis in appropriate cases. This generally means the client does not pay an attorney’s fee unless the firm recovers compensation.
If your family has lost a loved one to a drunk driver, an experienced South Carolina wrongful death attorney can help you understand your legal rights and options. The Law Offices of David L. Hood represents clients throughout South Carolina and can investigate the circumstances of a fatal crash and pursue the compensation your family may be entitled to receive.
We understand how devastating the wrongful death of a loved one can be for a family. Our team of experts will vigorously pursue your case to get you the best result we can achieve.
You can reach us at one of our 18 South Carolina locations, or by phone, text, chat, or email. There are time limits for filing a wrongful death claim, so call us today for a free consultation!
