You can sue someone for killing a family member in a car accident with the help of a North Charleston wrongful death lawyer. Our team of qualified attorneys brings a large variety of experience to our practice, allowing us to provide exceptional legal representation for grieving families.
We understand that a legal process may not be what you want to experience after a significant loss, and no amount of money can make the loss feel okay. However, recovering financial compensation can provide needed support to keep your household running. A monetary award may be the difference between immediately being forced to return to life and having the ability to slow life down and grieve the way you need to.
Understanding a Wrongful Death Claim
Suing someone for killing a family member in a car accident is an option that may be available to you. This is known as a wrongful death claim, and the South Carolina Code of Laws 15-51-10 explains that this is an option when a wrongful or negligent act causes the death of a person. These lawsuits can compensate for losses beyond medical bills or funeral costs, and a wrongful death lawyer can explain what goes into those calculations.
Accidents that cause fatalities are often complicated when it comes to a wrongful death claim. The specifics and type of accident can significantly affect how a case is pursued. Generally, there are four types of wrongful death cases that we commonly see:
- Motor Vehicle
- Pedestrian
- Medical Malpractice
- Work Accidents
South Carolina Wrongful Death Act
If someone else’s negligence results in the death of your loved one, you may be eligible to file for a wrongful death lawsuit. When we take a look at the South Carolina Wrongful Death Act, it allows a civil lawsuit for wrongful death under specific criteria. According to Title 15, Chapter 51 of the South Carolina Code of Laws, those who can bring a wrongful death claim include individuals who meet the following criteria:
- The individual bringing the action must be a surviving spouse or child.
- If there is no surviving spouse or child, a parent may bring the action.
- The death must be due to negligence by the defendant.
- The surviving family must have documented losses.
Survival Action
A survivorship claim is most commonly utilized in situations where the loss of your loved one follows interventions of some kind. This may be serviced in the emergency room, surgical interventions, or time in the ICU. The estate executor or administrator may file the suit and request compensation on their behalf for damages sustained between the car accident and their death, such as:
- Medical Bills
- Pain and Suffering
- Emotional Distress
A claim for survival damages is unique to a wrongful death lawsuit compared to other types of civil suits. A survivor of right action, as shown in 15-5-90, is separate from the wrongful death claim but may be filed in addition to it. While a wrongful death claim pays benefits to the family for their loss and suffering, a survival action is for damages otherwise owed to the decedent and are, therefore, payable to the estate.
Filing a Lawsuit
The most effective way to proceed with a wrongful death lawsuit is often to hire an attorney with experience in this kind of case. When you book a consultation with a Shelly Leeke Law Firm wrongful death attorney, you can discuss the details of your situation to determine whether you are eligible to file a wrongful death lawsuit, survivor action, or both. Some of the information our attorney may ask for include:
- Date of the accident
- Date of death
- Your relationship with the decedent
- Medical bills or documentation regarding any treatment received
- Information regarding the impact on you and your family
- Information on surviving family
- Amount of hourly or salary wages earned by the decedent
An attorney may gather this information to begin assessing the value of the lawsuit. For example, suppose the family member killed in a car accident was the primary source of financial support in the household. In that case, the impact on the family may be taken into consideration.
Damages in a Wrongful Death Lawsuit
In civil court, damages refer to the types of losses or costs you incur due to negligent actions. Special and general damages are considered in a wrongful death regarding how a wrongful death settlement is calculated. These are either specifically related to a monetary value or receipt, or they may be more general in how your life is affected after the event and can include:
- Medical expenses
- Lost earnings
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
- Emotional distress
In these cases, it can become challenging to determine the value of the settlement without documentation to provide support. However, the kind of compensation that exists in a South Carolina wrongful death claim can provide vital support to yourself and your family. Money will not bring back your loved one, but it can provide you with cushioning to grieve in a way that works for you.
Get Justice for Your Loss Today
If your family member has been killed in a car accident, you may want to see the responsible party held accountable. While the guilty party may face criminal charges for their behavior, that will not provide you or your family with financial support. A lawsuit for killing your family member will not bring them back and certainly will not heal the wound caused by their loss, but it may allow you the time you and your family need before you are forced to return to work and other commitments.
With Shelly Leeke Law Firm, you will be met with attorneys who are passionate about their role and believe in looking out for their community. You can contact us any time through our website or by phone to schedule your free case consultation. You do not have to do this alone.
