Sadly, a car accident is fatal, and you lose a family member due to this tragic incident. During this challenging time in your life, consult with a Greenville fatal car accident lawyer. While you and your surviving family members cope with the loss of your loved one, your attorney can handle your legal matters and help you pursue compensation from any liable parties.
The Shelly Leeke Law Firm has more than 10 years of experience with personal injury lawsuits. We are empathetic and compassionate, and our Greenville car accident lawyer will give your case the attention it deserves. Request a free case consultation with our team.
Liability for a Fatal Car Accident
The Greenville personal injury lawyers at the Shelly Leeke Law Firm understand the emotional toll that follows a fatal car collision. We are here to assist you in any way we can with your auto accident case. Contact us for more information.
Research suggests texting can play a role in a fatal car accident. For example, a motorist is looking down at their phone and getting ready to send a text. They see a car but cannot stop quickly enough, and, unfortunately, cause a fatal accident. They can be held liable for their actions.
A mechanic, government entity, and other third parties can also be held accountable for a fatal auto accident. If you are unsure about who is responsible for a car crash in which a family member dies, get help from a Greenville fatal car accident attorney. They can evaluate your accident and determine who is at fault.
Car Accident Wrongful Death Lawsuit
No one wants to think about filing a wrongful death lawsuit. Ultimately, it may be in the best interests of you and your family to do so. With assistance from a Greenville car accident lawyer, you can seek justice and damages from anyone responsible for a fatal car accident.
A fatal car accident lawyer in Greenville considers the immediate and long-term financial ramifications of the loss of your loved one. They want you and your family to receive legal care and guidance. At the same time, they give your case the attention it deserves, answering your legal questions and helping you make informed decisions as your litigation progresses.
As you and your family members care for one another, your lawyer focuses on your legal matters. They can file your lawsuit, gather evidence to support your case, and negotiate a settlement on your behalf. Through it all, your lawyer keeps you updated and does everything within their power to help you achieve your desired case results.
Damages You Can Recover in a Fatal Car Accident Lawsuit
The last thing on your mind may be the losses you and your family incur due to your loved one’s death in an auto accident. A fatal car accident attorney in Greenville understands this, and they work diligently to craft an argument designed to help you secure economic and non-economic damages. They may help you recover damages for many reasons, including:
- Burial and funeral expenses
- Lost income
- Medical bills
- Loss of companionship
- Pain and suffering
Your lawyer can explain how a wrongful death settlement is calculated and if you should try to resolve your case before it goes to trial. If the defendant in your lawsuit proposes a settlement, you can approve the offer. Alternatively, if the proposal is less than what your case is worth, your attorney may advise you to decline it.
Who Can File a Fatal Car Accident Lawsuit in South Carolina
Per South Carolina Code §15-51-10, there are rules in place relating to who can file a wrongful death lawsuit. Generally, you must be a personal representative of a deceased person (decedent) to submit this type of lawsuit. Plaintiffs in fatal car accident lawsuits may include a decedent’s:
- Spouse
- Child
- Parent
- Grandparent
If you are wondering what to ask a wrongful death lawyer, get in touch with one. From here, an attorney can determine if you are eligible to file a fatal auto accident lawsuit. If so, your lawyer can request damages on your behalf in accordance with South Carolina’s statute of limitations for wrongful death cases.
How Much Time You Have to File Your Lawsuit
Typically, the statute of limitations for wrongful death cases in South Carolina is three years. If a family member passes in an auto accident, submit your lawsuit promptly. By waiting more than three years, you may lose the right to get damages from any liable parties.
A wrongful death attorney can file your lawsuit and build a body of evidence. They may use accident scene photos and videos, witness statements, medical records, and other forms of proof. Your evidence may compel a judge or jury to award maximum damages.
Even if you have a wealth of evidence, the defendant in your case may look for ways to dispute your case. Fortunately, your attorney considers the defendant’s approach to your case. They can dispute the defendant’s argument against you and put you in a strong position to secure compensation from them.
How Comparative Fault Applies to Your Case
Your attorney can share a breakdown of negligence laws in South Carolina. If the defendant in your case proves your family member was partly liable for their death, a judge or jury may award you only a fraction of the damages you request. In one of the worst-case scenarios, you may be ineligible to recover damages.
With comparative fault, a judge or jury can award a portion of damages if someone is found to be 1-50% liable. For instance, a judge or jury finds your late family member was 10% liable for a fatal car accident. If this happens, you may recover 90% of the damages you initially sought.
Comparative fault also prevents you from getting damages in a fatal auto crash case where a decedent is primarily at fault. If this occurs, the decedent is found to be more to blame than the defendant. Therefore, the defendant may not have to pay any damages.
Work with a Greenville Fatal Auto Accident Lawyer Who Has a Track Record of Success
At the Shelly Leeke Law Firm, we understand the challenges you face as you cope with the aftermath of a fatal auto accident. We are supportive and caring, and we are here to help you take legal action against anyone responsible for this incident. Schedule a free case consultation with us.
