Can You Sue After Hurricane Helene in South Carolina?

The situation remains critical after Hurricane Helene in South Carolina. The Carolinas were the hardest-hit States, and the most recent estimates show that more than 30 people have lost their lives in South Carolina alone. Survivors desperately need assistance, but many complain that the government is far too slow. Could a lawsuit provide you with the compensation you need? This is something you might want to ask a personal injury lawyer in Charleston.

Details of South Carolina Hurricane Deaths Emerge 

In late September of 2024, the South Carolina Daily Gazette provided details about some of the hurricane fatalities. They noted that most of the victims had been killed by falling trees, and many perished inside their vehicles. However, one motorcyclist was struck and killed by a car. The driver of this vehicle apparently swerved without warning – perhaps due to some kind of storm-related distraction. It is worth noting that a storm does not give motorists an excuse to drive recklessly – and accidents like this could potentially lead to wrongful death claims.

Another victim died when a tree fell through the roof of the hotel he was staying at. Depending on the circumstances, this could also lead to a wrongful death lawsuit. Although it is not clear how this accident happened, the family may argue that the tree should have been removed prior to the storm – and this could form the basis of a premises liability lawsuit.

These are just two examples of Hurricane Helene deaths that may eventually lead to lawsuits – and there may be many others. If you believe that your loved one died because of some kind of negligence during the storm, you may be right.

The “Act of God” Defense 

With all that being said, personal injury lawsuits after Hurricane Helene may be challenging due to the “Act of God” defense strategy. Under this doctrine, defendants may argue that they had no way to predict or prepare for an accident during Hurricane Helene. Although South Carolina is no stranger to serious weather, many are already arguing that this storm was unprecedented. This could be particularly challenging for those pursuing legal action after deaths caused by falling trees. You may need to find evidence that the tree was clearly unstable prior to the storm, and that the property owner was aware of this.

On the other hand, car accident lawsuits should not be overly limited by stormy weather. Motorists are expected to drive according to current weather conditions. Perhaps most notably, one might argue that motorists should not have attempted to drive during Hurricane Helene.

Contact Mickelsen & Dalton, LLC

 If you have questions about potential legal action after Hurricane Helene, contact an experienced injury lawyer in South Carolina for real answers. Online research provides only basic information, and real action begins when you speak with Mickelsen & Dalton, LLC. Many questions regarding Hurricane Helene remain unanswered – especially in regards to the federal government’s response. Book a consultation today to assess your legal options.

Sources: 

scdailygazette.com/2024/09/30/death-toll-climbs-to-25-as-flooding-power-outages-continue-in-tropical-storm-helenes-wake/

wlos.com/news/local/biltmore-estate-employee-death-tree-falls-deadly-fatal-april-strong-high-winds-windy-asheville-western-north-carolina-buncombe-county