The unfortunate reality is that many car accidents are deadly and cause fatal injuries. Death might be immediate or occur after a victim succumbs to severe injuries. Dealing with loss is one of the most difficult things a person can go through, but you are not alone.
If your loved one has died in a traffic collision, a Greenville car accident lawyer from Shane Smith Law can help you navigate the legal aftermath. We can file a wrongful death claim to recover compensation for any loss of financial support, emotional suffering, and more.
With over 100 years of combined legal experience, our lawyers can hold the responsible parties accountable and work to secure justice and closure on your behalf. Contact us today for a consultation with our fatal car accident lawyers in Greenville.
Why You Need a Greenville Fatal Car Accident Attorney
Few things can compare to the emotional pain and despair of losing someone you love in a car accident. Along with the psychological suffering, you may be dealing with the financial ramifications of death, especially if the deceased was the primary income earner for your household.
A Greenville personal injury lawyer from Shane Smith Law offers guidance to get you through these difficult times. We can calculate your losses and help you file a claim against the liable party. We understand the difficulties of navigating life after death and are here to provide legal and emotional support.
We are adept at handling fatal car accident claims and can negotiate with insurance companies to maximize your financial recovery. We promise to do everything in our power to make liable entities answer for their wrongdoing.
For a free legal consultation with a fatal car accident lawyer serving Greenville, call (980) 246-2656
Fatal Car Accidents and Wrongful Death Claims
SC Code § 15-51-10 defines a wrongful death as one resulting from the “wrongful act, neglect, or default” of another person. When a wrongful death occurs, the deceased’s survivors and heirs may be entitled to compensation or damages for losses associated with the death.
You can think of a wrongful death claim as a personal injury claim the deceased would have filed if they had survived their injuries. In the context of a fatal car accident, the deceased’s personal representative may be able to file a wrongful death claim against the at-fault driver if they were negligent.
Negligent driver behaviors that may result in fatal accidents include:
- Distracted driving
- Ignoring road signs
- Unsafely changing lanes
- Speeding
- Substance use (e.g., alcohol or drugs)
- Aggressive driving
- Driving too fast for road conditions
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Who Can File a Wrongful Death Claim in South Carolina?
Some states allow family members to file wrongful death claims. However, in South Carolina, only the deceased’s personal representative, as named in their will, can initiate wrongful death proceedings. If the deceased had no will, the state will appoint a personal representative. This appointee is generally, but not always, a family member.
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Who Receives the Money After a Wrongful Death Claim?
Only the deceased’s personal representative can file a wrongful death claim, but any proceeds go directly to the surviving family without passing through the deceased’s estate. Money from a wrongful death claim typically goes to the deceased’s surviving spouse and children.
If the deceased had no spouse or children, the money instead goes to the parents. If the parents are absent, the money goes to the deceased’s heir as named in their will.
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Compensation You Can Recover After a Fatal Car Accident in South Carolina
South Carolina law gives the deceased’s beneficiaries the right to recover financial compensation for the following losses after a fatal car accident:
- Loss of financial support when the deceased was the primary household income earner
- Cost of medical treatment the deceased incurred before death
- Emotional suffering and mental anguish
- Loss of companionship, comfort, care, or guidance
- Funeral and burial expenses
South Carolina does not cap damages in wrongful death claims, so a Greenville fatal car accident lawyer can vigorously fight to ensure you are compensated as fully as possible.
Exemplary (Punitive) Damages
In cases where the liable party acted with malice or reckless disregard, a court might award exemplary or punitive damages. Exemplary damages exist to punish the offender for bad behavior, not to compensate the victim for losses.
Punitive damages may be relevant in a fatal car accident case if the liable driver was driving intoxicated or speeding recklessly. We can investigate your claim and push for exemplary damages to punish the at-fault driver if they displayed egregious conduct.
Statute of Limitations for Wrongful Death Claims
SC Code 15-3-545 gives you three years to sue for wrongful death after a fatal car accident. Once the time limit passes, you won’t be able to take legal action and recover damages. Note that the three-year counter starts from the date of death, which might be different from the date the car accident occurred.
In either case, fatal car accident claims require substantial time and preparation. Your best option is to find a Greenville wrongful death lawyer as quickly as possible to get started.
The longer you wait, the harder it will be to prove wrongdoing and show how your losses are connected to the death.
Contact a Greenville Fatal Car Accident Lawyer from Shane Smith Law Today
Losing someone you love in a fatal car accident can feel unfair, and the grief can be overwhelming. No amount of money can bring them back, but a wrongful death settlement can give you financial stability to heal, rebuild, and move forward in your life.
Let our team be the ones you rely on. Contact Shane Smith Law today for a free case consultation with a fatal car accident lawyer in Greenville.
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