Wrongful Death Case Process In Rock Hill
A wrongful death case starts when someone has lost their life because of someone else’s negligence or someone else’s reckless conduct or behavior. The case begins when an estate gets opened and the personal representative brings an action against the individual or entity who caused the death.
Once it is determined that there was negligence involved and someone else was responsible for another’s death, it is best to seek help from a seasoned wrongful death lawyer. The lawyer could help with getting the estate set up timely, investigating the fatal accident, and having experts involved to determine liability. Information and evidence often gets destroyed. Getting a lawyer involved quickly helps to gather that information before it is gone forever. Speak to a dedicated attorney to learn about the wrongful death case process in Rock Hill.
What Is The Process Of Investigating A Wrongful Death Case?
The wrongful death case process in Rock Hill is no different than any other personal injury case. The wrongful death attorney will investigate the accident and review police reports or accident reports and witness statements. The lawyer will go to the scene where the death occurred and talk to witnesses who were there present at the time. The medical providers who treated the individual and family members of the deceased can provide much information about the individual who has lost their life.
How Long Can A Wrongful Death Case Take From Start To Finish?
Every case is different. Often, a person has three years to bring the accident claim in South Carolina, and it could take up to three years before a suit ever gets filed. Once the suit is filed, they have 180 days to conduct what is called a mediation.
If mediation fails, it gets put on the docket. It could then take another 180 days before it gets on the jury roster. Then, depending on how many cases are in the county, they are looking at possibly between 18 months and 24 months before the case would go to trial.
Every case is different and it depends on the facts of the case, the strengths, the liability, how much coverage is involved, whether the insurance companies agree with the value of the case and make sufficient offers to settle the case or whether they are denying the case or whether there is a dispute as to the value of the case.
Understanding Negligence and Liability
The cause of death is very important because not all deaths are caused by someone else’s negligence. In order to bring a wrongful death action in South Carolina, one must prove that there was a duty, a breach of that duty, and because of that breach of duty, the death was proximately caused by that breach. They must have a duty, breach, causation, and damages in order to bring any personal injury or wrongful death claim.
The cause of death is very important. It must be the result of someone breaching their duty to the deceased, and the cause of that breach is what caused the death.
Let a Wrongful Death Attorney Help
If your loved one was killed a fatal accident, it could be difficult determining what to do next. Let a compassionate wrongful death attorney help. They could investigate the cause of your loved one’s death and help you hold the negligent party accountable for their actions.
Schedule a consultation today to learn about the wrongful death case process in rock hill.