The sudden loss of a loved one due to a fatal car accident can be devastating. Surviving family members and friends may understandably be heartbroken, angry, and unsure where to turn with their legal questions. Our compassionate wrongful death lawyers at the Law Offices of Kenneth Berger understand the incredible grief and turmoil that comes along with the tragic loss of a loved one. We are committed to helping grieving families navigate the stressful aftermath of a loved one’s passing and pursue accountability from the individuals whose wrongdoing has resulted in fatal consequences.
If you have lost someone in a fatal crash, we are very sorry for what you are going through and are here to help you and your family seek justice. Contact us today for a free consultation
What Makes a Fatal Car Accident a "Wrongful Death" in South Carolina?
The sudden passing of a loved one may leave the victim’s family with questions surrounding the cause of death, as well as financial uncertainties and hardships. Seeking legal recourse through filing a wrongful death lawsuit can provide clarity and accountability to families who are grappling with a loved one’s passing, as well as financial support for damages like funeral expenses and medical bills.
A “wrongful death” refers to another party’s negligence, recklessness, or wrongdoing that results in a fatality. A victim’s family may file a wrongful death claim if we can prove that the fatality and accident were caused by another person’s blatant recklessness or failure to exercise reasonable care while driving.
This process can understandably be difficult and traumatic for grieving families, which is why our wrongful death attorneys handle dealing with the insurance companies, collecting evidence, and doing all we can to pursue accountability, so your family can focus on healing.
Causes of Wrongful Death Car Accidents in South Carolina
We expect drivers to exercise caution and obey traffic laws. If a driver disregards the rules of the road and causes a fatality, they should be held legally and financially accountable for the harm they caused. Common examples of driver negligence that may give rise to a wrongful death lawsuit include:
- Distracted driving, such as texting while driving
- Driving under the influence
- Reckless behavior, such as running stop signs, excessive speeding, failing to yield, etc.
Who Can File a Wrongful Death Lawsuit Following a Fatal Car Accident in South Carolina?
In South Carolina, a wrongful death lawsuit can be filed by a “personal representative” of the decedent (the deceased victim). A personal representative, sometimes called an administrator or executor, is appointed for the victim’s estate and approved by the probate court. The personal representative must act in the best interest of the victim’s estate.
The representative is usually an immediate family member such as the children or parents of the victim, a spouse, or other financially dependent relative. Wrongful death claims are typically intended to provide compensation and solace to the victim’s closest relatives who are suffering as a result of a tragic and sudden loss.
Compensation in a Wrongful Death Case After a Fatal Car Accident
Although no amount of money can remedy the grief and devastation that comes with the sudden passing of a loved one, a victim’s family may seek compensation to alleviate some of the financial burdens and stress associated with such a loss. In a South Carolina wrongful death case, damages typically include:
- Funeral expenses and burial costs
- Medical bills
- Lost earnings and wages
- Emotional distress and mental anguish
- Loss of companionship
- Punitive damages if the at-fault party’s actions were particularly reckless (such as drunk driving cases)
Is There a Deadline to File a Wrongful Death Lawsuit in South Carolina?
A wrongful death lawsuit must be filed in the state of South Carolina within three years of the fatal car accident. If a claim is not filed within this time period, the courts may refuse to hear the case. This is why it is important to take early action and reach out to qualified wrongful death lawyers so they can help you pursue justice for your loved one to the fullest extent. Our team is here to provide legal guidance and to help you seek a result that provides comfort and hope as you move forward.
How Our Fatal Car Accident Lawyer Can Help
Seeking accountability and justice through legal action can provide valuable closure for a grieving family, but it can also be very stressful. Our attorneys work hard to build a strong case so your family can focus on healing during this difficult time.
Proving a wrongful death claim often requires:
- Speaking with witnesses,
- Gathering as much evidence as possible, and
- Retaining expert witnesses who can testify to the cause of the car accident.
Insurance companies often put up a tough fight to prevent paying out after a wrongful death claim, which is why having a dedicated legal team to advocate for you and your family is incredibly important. As your legal team, we believe it is our job to help the insurance company understand the full impact of the harm their client caused. From the moment we begin working together, our attorneys will work to learn your loved one’s human story - who they were as a child, who they grew up to be, and the special moments they had along the way. We will leave no stone unturned as we work to build your case and find a resolution that brings comfort and peace to your family as you move forward.
Schedule a Free Consultation with Our South Carolina Wrongful Death Attorneys
At the Law Offices of Kenneth Berger, we believe in building a stronger and safer community by holding negligent drivers accountable to prevent additional senseless losses of life. Our compassionate attorneys are here to provide guidance and answer the questions of grieving families following the tragic loss of a loved one.
If your loved one was the victim of a fatal car accident, our wrongful death attorneys are here to help. Please reach out today by filling out the chat form below or calling (803) 790-2800 in Columbia,SC or (843) 427-2800 in Myrtle Beach, SC. We look forward to hearing your story.
