Sadly, a family member dies in a car accident that occurs due to someone else’s negligence. This is devastating for you and your loved ones, and you have no idea about what to do from here. Meet with a Mt. Pleasant fatal car accident lawyer, and they can explain your legal options in depth.
The Shelly Leeke Law Firm has more than a decade of legal experience. Our team understands just how emotionally taxing it can be to lose a family member in a fatal auto collision, and we are here to help you in any way we can. Discuss your fatal auto accident case with a Mt. Pleasant car accident lawyer.
Why You Should Take Legal Action Against the Party Liable for Your Family Member’s Fatal Car Accident
Unfortunately, you cannot change the fact that your family member died in an auto accident. Alternatively, you could hold a liable party accountable for the actions that led to this incident. A Mt. Pleasant personal injury lawyer can guide you through the legal process and what you can do to seek justice and compensation from this party.
If you take legal action, you do so through a wrongful death claim. Your lawyer can provide details about who can bring a wrongful death claim and the steps to do so. If you submit a claim, your attorney advocates for you and protects your best interests as your legal proceedings move forward.
The Shelly Leeke Law Firm offers legal resources to the families of fatal auto accident victims. We are empathetic and compassionate to the needs of you and your family and can help you cope with the aftermath of your loved one’s death. Schedule a free case consultation with us.
When to File a Mt. Pleasant Fatal Car Accident Claim
You have three years from the day a family member dies in a fatal auto accident to submit a claim for compensation from any liable parties. Per South Carolina Code §15-51-10, this type of claim may be warranted if a death is the result of a wrongful act or negligence. Those eligible to submit a claim on behalf of a decedent (deceased person) include this individual’s:
- Spouse
- Sibling
- Parent
- Child
South Carolina law requires an individual to be named a personal representative of a decedent’s estate to file a wrongful death claim. A fatal car accident lawyer in Mt. Pleasant can examine your case and determine your eligibility for submitting a compensation request. They can share information about how much a wrongful death lawsuit is worth.
Compensation You Can Request in a Wrongful Death Case
A fatal car accident attorney in Mt. Pleasant will encourage you to pursue economic and non-economic damages. They can answer any questions you have about how a wrongful death settlement is calculated and the damages you could recover in your case. Reasons why you could receive compensation include:
- Medical bills
- Lost wages
- Loss of companionship
- Pain and suffering
- Emotional distress
- Funeral and burial expenses
Just because you ask for compensation does not guarantee you will receive it. Your lawyer understands how difficult it can be to recover damages. They can prepare an argument designed to prove to a judge or jury that you should get adequate compensation.
Proof You Can Use in a Fatal Car Accident Case
Saying you should obtain compensation is insufficient. Your Mt. Pleasant fatal car accident attorney helps you gather evidence to support your argument. They could use a wide range of proof in your case against any liable parties, such as:
- Accident scene photos and videos
- Traffic camera footage
- Witness statements
- Police report
Your proof can have a major impact on your case results. If you have plenty of evidence, an at-fault party or their insurance company may be inclined to propose a reasonable settlement. In this situation, you can accept the offer if it matches your expectations and close your case without having to go to trial.
How Negligence Can Impact Your Case
Your lawyer uses evidence to prove that a liable party was negligent. If they are successful, you are well-equipped to secure the damages you want. There are four elements of negligence that your attorney focuses on to verify that an at-fault party was negligent:
- Duty of Care: A party had a legal obligation to comply with the rules of the road and avoid doing anything that would be considered unreasonable, careless, and reckless.
- Breach of Duty of Care: This party chose to violate their duty of care by committing an act that put people in danger.
- Causation: The party’s actions led to your family member’s fatal auto accident.
- Damages: You are dealing with quantifiable or subjective losses due to the party’s actions.
Your lawyer can provide a breakdown of negligence laws in South Carolina and how they relate to your case. They can help you prove that a liable party was negligent and should be held completely responsible for your family member’s fatal auto crash. Your attorney can also explain how comparative negligence can impact your case’s value.
The Potential Impact of Comparative Negligence on Your Case
A judge or jury could find that your late family member was partly responsible for their fatal auto accident. If this occurs, what you receive in damages in your fatal car accident lawsuit can be reduced by the decedent’s percentage of fault. This means you could get a fraction of the compensation you originally sought.
With comparative negligence, the damages you receive can be reduced if your late family member is 1-50% at fault. For example, a judge or jury ruled the decedent was 20% liable for their fatal car crash. The defendant could be ordered to pay 80% of your damages.
If the decedent is primarily at fault for their fatal car collision, you could be ineligible to get damages. Your lawyer can address any concerns you have about how South Carolina’s negligence laws can impact your claim value. They can develop an argument that helps compel a judge or jury to rule in your favor.
Get Help From a Mt. Pleasant Fatal Car Accident Lawyer
The Shelly Leeke Law Firm provides comprehensive legal services and support to the families of fatal auto accident victims.
We are here to help you with your wrongful death case. Request a free case consultation with us.
