When a family member is unnaturally and unexpectedly taken from their family in a car accident, the pain can be excruciating. If this has happened to your family, then your family may have the right to take legal action. While filing a wrongful death claim can never bring your loved one back, it can help your family to get compensation for the loss, so you’re not struggling to cover things like funeral costs, medical bills, and the income the person would have earned for the family.
However, handling a wrongful death auto accident case can be a very complex undertaking. There are specific rules and deadlines that must be followed. Our Greenville car accident lawyers understand what you are going through. We are here to help you understand your options and fight for the compensation that your family deserves.
What Is a Wrongful Death Car Accident?
A wrongful death car accident happens when a person dies because of another person’s negligent or wrongful act while operating a vehicle. The negligent actor can be a driver, a vehicle manufacturer, or a government entity responsible for road maintenance.
A wrongful death claim is a civil lawsuit filed by a deceased person’s family or estate. The goal of the lawsuit is to get compensation for the financial and emotional losses the deceased person’s family has suffered. This type of legal action is separate from any criminal charges that may be filed against the at-fault party.
Common Causes of Wrongful Death Car Accidents
Many factors can lead to a fatal car accident. Some of the most common causes include:
- Distracted Driving: Texting, talking on a cell phone, eating, or any other activity that takes a driver’s attention off the road.
- Drug or Alcohol Use: Driving under the influence of alcohol or drugs can slow a driver’s reaction time and impair judgment.
- Reckless Driving: Examples of reckless driving include speeding, weaving through traffic, and disregarding traffic signals.
- Driver Fatigue: A tired driver can exhibit a reaction time similar to that of a drunk driver.
- Defective Vehicle Parts: A car part that fails unexpectedly, such as a faulty brake system or a tire blowout, can cause a serious accident. In these cases, the manufacturer might be held responsible.
Who Can File a Wrongful Death Claim After a Car Accident?
In South Carolina, a wrongful death claim after a car accident is filed by the personal representative of the deceased person’s estate, who is typically someone named in the deceased’s will. If there is no will, the court will appoint someone, usually a close family member like a spouse or an adult child, to act as the personal representative.
The personal representative files the lawsuit on behalf of the deceased person’s surviving family members. The money recovered from a wrongful death claim does not go to the estate itself but is distributed to the eligible family members. The specific family members entitled to receive compensation is set by South Carolina law.
The surviving spouse and any children of the deceased person are the primary people who can receive compensation for the death in a car accident. If there is no surviving spouse or child, then the parents of the deceased person can receive compensation.
If there is no surviving spouse, children, or parents, then siblings or other legal heirs of the deceased may be entitled to pursue a wrongful death claim.
Proving Liability in a Wrongful Death Car Accident Case
To prove liability in a wrongful death car accident case, a person must prove four key elements:
1. The At-fault Party Had a Duty of Care
A duty of care is the legal obligation to act in a way that does not harm others. For at-fault drivers, this means that drivers have a duty to follow traffic laws and operate their vehicle safely and responsibly.
2. The At-fault Party Breached That Duty
A breach of duty occurs when the at-fault party fails to meet this obligation. For example, if a driver’s speeding or reckless behavior led to a car accident and another driver’s death, this would be considered a breach of duty of care.
3. The Breach of Duty Caused the Death
A wrongful death claimant must also prove that the at-fault party’s actions were the direct cause of their loved one’s death. This means showing a clear link between their reckless driving and the fatal accident.
4. The Claimant Has Suffered Damages as a Result
Lastly, a wrongful death claimant must prove that they have suffered damages, which are the losses that result from the death. These can include financial losses like funeral costs and lost income, as well as emotional suffering and grief from the loss of their loved one.
Statute of Limitations for Wrongful Death Auto Accident Claims
In South Carolina, there is a strict time limit for filing a wrongful death claim after a car accident called the statute of limitations. For most wrongful death auto accident cases, a person has three years from the date of their loved one’s death to file a lawsuit.
This three-year period begins on the day of the collision. If the lawsuit is not filed with the court within this time frame, you will likely lose the legal right to seek compensation for your losses.
There are also some exceptions to this rule. For example, if the person or entity at fault is a government agency, the deadline to file a claim may be shorter. Because of the statute of limitations, you should not delay in seeking legal representation for a wrongful death claim.
How a Car Accident Lawyer Can Help
A lawyer who handles wrongful death cases can offer support to families during this difficult time. They can:
1. Investigate the Accident
A lawyer will gather police reports, witness statements, medical records, and other relevant evidence to determine what happened.
2. Establish Liability
Proving who was at fault is a central part of a wrongful death claim. A lawyer will work to show that the at-fault party’s actions directly led to the death of your loved one.
3. Calculate Damages
A lawyer can help determine the full value of your claim, including funeral expenses, lost income and support, medical bills before death, and the emotional losses suffered.
4. Handle Communications
A lawyer can handle all communications and negotiations with insurance companies and their lawyers, protecting you from common insurance company tactics aimed at minimizing payouts.
5. File the Lawsuit
A lawyer will make sure all legal deadlines, including the statute of limitations, are met. They will prepare and file all necessary court documents.
6. Represent You in Court
If a fair settlement cannot be reached through negotiation, a lawyer will represent you in court and argue on your behalf.
Contact Our Wrongful Death Car Accident Lawyers
If you have lost a family member in a wrongful death car accident, the legal team at David R. Price, Jr., P.A. is here to help. We understand the pain you and your family are going through, and we are ready to provide the legal support you need.
Contact us at 864-271-2636 to request a free consultation.