If your loved one has been wrongfully killed due to someone's negligence in South Carolina, call Luke today at (843) 379-3285 for a free consultation. We will fight for your justice!
If you have lost a loved one in a fatal accident in South Carolina, you understandably have lots of questions. You are dealing with an extraordinarily difficult situation—one which no one should ever have to have to endure. Fatal accidents can leave spouses and other family members facing significant financial losses and a long road to emotional recovery, and this makes it critical to ensure that you make an informed decision about asserting your family’s legal rights.
Does this mean you should file a wrongful death claim? If so, do you need an autopsy to file for wrongful death?
Do You Need an Autopsy to File for Wrongful Death?
Strictly speaking, you do not need an autopsy to file a wrongful death claim in South Carolina. There is no requirement to have an autopsy performed in order to assert your family’s legal rights—and, in many cases, an autopsy won’t be necessary. From forensic evidence at the accident scene to your loved one’s medical records for emergency care received prior to death, various other forms of evidence may be available to prove the cause of your loved one’s untimely passing.
With that said, having an autopsy performed can be an important step for families in some cases. If there is no other way to prove your loved one’s cause of death, then having an autopsy performed may be the only option. Autopsies are respectful procedures performed by medical professionals; and, when you request an autopsy in connection with a wrongful death claim, your lawyer will help ensure that the procedure is not more invasive or extensive than necessary.
Who Decides if There is Going to Be an Autopsy?
The answer to this question is a little bit complicated. In some cases, regardless of whether a victim’s family requests an autopsy, the coroner may still be required to perform an autopsy under South Carolina law. For example, Section 17-7-80 of the South Carolina Code of Laws states:
“Every coroner . . . shall examine the body within eight hours of death of any driver and any pedestrian, sixteen years old or older, who dies within four hours of a motor vehicle accident or any swimmer or boat occupant who dies within four hours of a boating accident . . . .”
In these situations, family members generally do not have a choice as to whether an autopsy is going to be performed. Additionally, in some cases, the insurance companies may be able to require an autopsy before processing a claim. But, otherwise, it is generally up to the victim’s family to decide whether there will be an autopsy after a fatal accident in South Carolina.
Has your loved one been wrongfully killed due to someone's negligence?
If you or a loved one has been wrongfully killed due to someone else's negligence, you may be entitled to compensation. Don’t face this challenge alone, get experienced and dedicated legal representation to fight for your rights.
Get Help NowUnderstanding Autopsies in Wrongful Death Claims
Let’s say you decide to request an autopsy, or maybe an autopsy is required under the circumstances at hand. What can you expect before, during, and after the procedure?
Understanding autopsies in wrongful death claims can help family members feel more comfortable. Broadly speaking, the purpose of an autopsy in this scenario is to determine—and document—the cause of your loved one’s death. Proving the cause of death is an essential step in the process of pursuing a wrongful death claim, and an autopsy report can serve as proof during insurance settlement negotiations—or in court if necessary.
This resource from Johns Hopkins Medicine provides a summary of the general autopsy process. It’s worth a quick read if you have questions, though you should also be aware that the specific procedures involved in performing an autopsy can vary from case to case.
How Do You Get an Autopsy for a Wrongful Death Case?
If you decide to get an autopsy for your family’s wrongful death case, you can request one from the appropriate coroner’s office or from a private autopsy provider. Your lawyer can help you decide which option to choose and can submit the request on your behalf. Your lawyer can also answer any questions you may have about the process; and, after reviewing the autopsy report, your lawyer will be able to explain exactly what it means for your family’s legal rights.
Schedule a Free Consultation with Wrongful Death Attorney Luke Paulick
If you need more information about filing a wrongful death claim in South Carolina, we invite you to get in touch. Attorney Luke Paulick will be more than happy to explain everything you need to know. To schedule a free, no-obligation consultation, please call 843-379-3285 or send us a message online today.