Losing a loved one due to the careless actions of another person is a stressful and heartbreaking time. Though no amount of money can make up for the abrupt loss of a family member, a wrongful death suit could hold the at-fault parties accountable for their negligence.
A knowledgeable attorney familiar with the common questions asked about wrongful death cases in Charleston could help you and your family seek the justice you deserve. To get started, call today to schedule a consultation.
Does the Court Have a Say in Appointing a Representative of an Estate?
In most cases, the family of the deceased are in agreement over who should be appointed as the representative of an estate. Unfortunately, there are instances in which an agreement cannot be met, causing the State to step in and appoint someone as the rightful representative of an estate. In such situations, the law would try to determine if the deceased left behind a spouse, children, relatives, and parents. Usually if the deceased left behind a spouse, the spouse would be appointed as the representative of the estate. However, in cases where there is no spouse, the deceased person’s children or relatives would receive the designation.
It is also worth noting that the deceased can leave behind a will where they would appoint a representative of their estate themselves in the event of their untimely passing.
What is the Discovery Rule?
The discovery rule states that the statute of limitations does not begin to run until the injured party or estate of the deceased knew or should have known that there was a case or a cause of action. For example, in the event someone’s death was caused by the negligence of a medical professional, and the deceased never knew about the malpractice that led to their death, the statue of limitations would start running from the moment the deceased’s family found out about the malpractice.
What is the Importance of Proving Liability?
In order to obtain a successful outcome to a wrongful death case, or any personal injury case, the plaintiff must be able to prove that the defendant acted negligently and that their negligence led to the victim’s untimely death. If they are able to prove this detail, the defendant could be held liable for damages incurred as a result. For example, in the event a person’s car was improperly maintained or the driver failed to stop at a stop sign, the plaintiff could claim that because of those negligent actions that the driver should be held accountable for the death of the victim.
Call Today to Learn More
Wrongful death suits are not only the most stressful and emotional type of injury case, but it is also one of the more complex and challenging cases to litigate. This is why it is important to speak with an attorney as soon as you and your family are ready to begin holding the at-fault party liable for the untimely passing of your loved one.
For more information, reach out to a lawyer who has heard all the common questions asked about wrongful death cases in Charleston. Doing so could have a positive impact on your case.