Not just anyone can take legal action in a fatal accident case. To do that, you've got to be officially appointed by court order. In this video, South Carolina wrongful death attorney Rob Usry reveals who the court-appointed representative is, and how to become one.

Hey folks we're talking about who brings the case for a fatal accident. In these cases called wrongful death cases the official representative of the victim’s estate hires the attorney and makes all decisions related to the case. Here’s how it works in South Carolina.

The official representative is called the personal representative or PR for short. To become one you've got to be appointed by probate court. the easiest way to do it is to be named PR and the victims will but the law provides a lot of other ways to do it as well especially if there is no will, it's just they're too complicated to cover here.

These appointments can be contested in probate court and parties to these disputes can reach an agreement appoint in a special administrator to handle the wrongful death case while the PR handles the rest of the estate.

You can't do anything until you're appointed. That means you need to get the probate court to get the estate filed. You need to do it now. Legal deadlines are tickin’ away and it's especially important to do it now if there is no will. As unsavory as it sounds another relative. May try to beat you to it in our wrongful death cases we help our clients get the paperwork filed in probate court to get the case started right.

So if you've got questions about this we can help. Feel free to fill out our get help now form right at the top of this page and you'll get answers from an experienced wrongful death attorney. I thank you for thinking about this with me and I hope I see you soon.

Rob Usry
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Rob is a Spartanburg personal injury lawyer. Rob also practices as a workers' compensation attorney.