When someone walks across a road, a parking lot, or down the sidewalk, they should feel safe. But when a driver makes a mistake, that simple walk can turn into something tragic. In South Carolina, many families go through the heartbreak of losing a loved one in a pedestrian accident. If that person dies because someone else was not being careful, the family can make what is called a wrongful death claim. This is a way for the family to hold the person who caused the crash responsible.
Why These Accidents Are So Serious
Pedestrian accidents are often very serious because the person walking has no protection. When a car hits a person, it usually causes bad injuries or even death. These crashes often happen when drivers are speeding, not paying attention, texting, driving drunk, or not following traffic laws. Sometimes drivers do not stop at crosswalks. Sometimes they do not see people walking at night or in bad weather. When this happens, it is not just a mistake. It can be a deadly action that changes a family’s life forever.
What South Carolina Law Says About Wrongful Death
South Carolina has laws that protect families after they lose someone in a deadly accident. If a person dies because another person was careless or did something wrong, the law allows a claim to be filed. This is called a wrongful death claim. It is meant to help the family who lost someone they love. The money from a claim can help pay for things like funeral costs, medical bills, lost income, and the pain and sadness the family feels. Even though no amount of money can bring someone back, the law gives families a way to seek justice.
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Who Can File a Wrongful Death Claim
In South Carolina, a wrongful death claim must be filed by the person in charge of the person’s estate. This is usually named in a will or picked by a court. That person files the claim, but the money from the case goes to the family. Usually, the people who receive the money are the person’s spouse, children, or parents. If none of those people are living, then other relatives may receive it. The law tries to make sure that those who were close to the person and relied on them are the ones who get help.
Time Limit for Filing a Claim
There is a time limit for filing a wrongful death claim in South Carolina. This is called the statute of limitations. For wrongful death cases, the claim must be filed within three years from the date of death. If you wait too long, the court may not let you file the case. That is why it is important to talk to someone about your rights soon after the accident happens. Even though you may be grieving, this step is important to make sure you do not lose your chance for justice.
How These Claims Work in Pedestrian Cases
When a person is hit while walking, the driver may be blamed for the accident. To win a wrongful death case, the family has to show that the driver was careless. This means showing that the driver did not do what they were supposed to do to keep others safe. The family must also show that this careless action is what caused the death. Evidence can include things like police reports, camera footage, witness statements, and expert opinions. Sometimes, accident reconstruction is used to show how the crash happened. Medical records also help show the link between the accident and the person’s death.
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What Can Be Recovered in a Claim
Families may be able to recover money for several things. This can include the cost of medical care before the person died, funeral and burial costs, and money that the person would have earned if they had lived. The family may also receive money for the pain and suffering they feel from losing someone they love. In some cases, the court may award extra money called punitive damages. This happens when the driver’s actions were especially bad, like driving while drunk. These damages are meant to punish the wrongdoer and stop others from doing the same.
Common Defenses That May Come Up
Not every case is simple. The driver or their insurance company may try to blame the person who was walking. They might say the person stepped into traffic or crossed where they should not have. In South Carolina, this does not mean the family cannot win the case. The law follows what is called modified comparative negligence. This means the court looks at how much each person was at fault. If the person who died was less than 51 percent at fault, their family may still recover damages, though the amount may be reduced. This is why having strong evidence is so important.
Why These Cases Can Be Emotionally Hard
A wrongful death case is not just about laws and money. It is about real people dealing with real pain. Losing a family member is one of the hardest things anyone can face. Going through a legal case at the same time can be stressful and confusing. Many families feel lost and unsure of what to do next. It can be hard to focus on legal matters while still in grief. But families also want answers and justice. They want to make sure the person who caused the death is held accountable.
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What Families Should Do After a Pedestrian Death
After a deadly pedestrian accident, the family should try to collect important information. This can include the police report, names of witnesses, and any video or pictures of the scene. It is also helpful to keep track of medical bills, funeral expenses, and proof of how the death has affected the family. The person in charge of the estate may want to speak with a legal professional who understands wrongful death claims. This can help make sure everything is done the right way and in the right time.
How Insurance Companies Handle These Claims
In many cases, the driver’s insurance company will be involved. They may offer the family money quickly to settle the case. But families should be very careful. The amount they offer may be much lower than what the family truly needs or deserves. Once a case is settled, it usually cannot be reopened. That is why it is so important to understand the full value of the claim. Taking time to gather all the facts and understand the long-term impact of the loss can help the family make the right choices.
What Makes Pedestrian Death Claims Different
Pedestrian accidents are different from other kinds of traffic crashes. The person who dies was not in a car, and they were often doing something very simple like walking home or crossing the street. That makes the loss feel even more unfair. In many cases, the person had no chance to protect themselves. These cases often bring strong emotions, not just for the family but also for the community. They can shine a light on places that need better sidewalks, more crosswalks, or safer streets.
Verdicts & Settlements
How to Start the Process
The first step in a wrongful death claim is usually opening the estate of the person who died. Then, the person chosen to be the personal representative can file the claim. This starts the legal process. From there, information will be gathered, including police records, medical files, and witness reports. The claim may be handled through talks with the insurance company, or it may need to go to court. Every case is different, and the steps can change depending on what happened.
Why Justice Matters in These Cases
Justice is not just about money. It is about making sure that someone is held responsible for their actions. It is about helping the family heal by giving them a sense of closure. It is about making the community safer by showing that there are consequences when drivers are not careful. In wrongful death cases involving pedestrian accidents in South Carolina, justice helps protect everyone who walks on our streets. It reminds drivers that they must look out for others and follow the rules.
What You Can Do If You Lost a Loved One in a Pedestrian Crash
If your family has lost someone in a pedestrian accident, you are not alone. You may feel angry, hurt, or confused. You may not know where to turn. It is okay to ask for help. The road ahead may be long, but you do not have to walk it by yourself. There are steps you can take to make sure your loved one is remembered with respect and that your family is taken care of. At Christian & Christian Law, we understand how hard this time is. We are here to help families with wrongful death claims involving pedestrian accidents in South Carolina. If you want to talk about your case or ask questions, we are ready to listen. Let us help you find answers and move forward.