Wrongful death

My childen’s father passed away from injuries sustained in a hit and run.
I had an open child support case with no ruling, and I wanted to know what
avenues I can pursue to get my children compesation

Asked on March 2, 2017 under Personal Injury, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Sorry to hear about the father of your children.
In order to obtain compensation for your children, you will need to pursue a wrongful death claim.  Wrongful death is negligence which resulted in death.
You will need to be appointed guardian ad litem to represent the interests of your children if they are minors because a minor cannot file a lawsuit.
Prior to filing a lawsuit for negligence/wrongful death, it may be possible to settle the case with the at-fault party's insurance carrier.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence/wrongful death.
If the at-fault party does not have insurance, file the lawsuit.
If the case is NOT settled, your lawsuit against the at-fault party for negligence/wrongful death must be filed prior to the expiration of the applicable statute of limitations or your children will lose their rights forever in the matter.

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