The South Carolina Department of Transportation has been sued for two tragic wrongful deaths on International Drive. The suit alleges that the Department of Transportation was negligent when it failed to provide signage explaining that the road’s texture changed. The sudden change from paved road to coquina (broken shells) caused the deaths of two people. When a family can prove that their loved one was killed because of a negligent action, they may be entitled to damages when a wrongful death occurs.
What is Wrongful Death?
The beneficiaries of those lost in the accident on International Drive have sued for monetary damage. They beneficiaries feel they are entitled to damages because of the grief and companionship that they have lost because of this tragic accident. The South Carolina legislature defines wrongful death as a time when a person is killed because of neglect, default or a wrongful act. South Carolina entitles the beneficiary of the person injured to recover damages. If the wrongful act was caused by recklessness, willfulness, or malice, a jury may award damages to the beneficiary.
A wrongful death suit is not only caused by improper signage on a highway. Pharmacy errors, defective products, and medical negligence are also causes of wrongful death claims.
How to File a Wrongful Death Suit
In South Carolina, parents, children, spouses and siblings can file a wrongful death claim. If the living family member is still a minor, then the court will assign a guardian ad litem to act on the minor’s behalf. You should speak with an attorney if you have any questions about whether you may have a wrongful death claim. Many families have different views on how immediate family is defined, which may differ from a court of law.
When a family is going through the pain of a loss, the last thing that they want to deal with is a court case, thus an attorney is there to handle the suit and make the process as easy as possible. A probate court, circuit court or United States District Court handles a wrongful death settlement. The family will appoint a personal representative who will have the power to settle the lawsuit. This representative does not need to be an attorney.
If the family’s representative is an experienced wrongful death lawyer, they will be able to ensure the petition is filed properly, make sure all of the important facts are included, and identify all of the relevant parties in the claim. When a family is grieving, the last thing they want to think about is if they have the proper paperwork.
Have You Suffered A Loss Due to Insufficient Signage?
If you have lost a family member or loved one due to insufficient signage on the South Carolina state highways and you are a beneficiary, you may be entitled to monetary compensation. At the Solomon Law Group we have lawyers who are available to help explain what compensation you may be entitled to. We are here to help you through this tragic time by helping to protect your legal rights. Contact our office for a consultation today by calling 803-219-8870.