If you have lost a loved one in a car accident, you may have the right to financial compensation. Our experienced Greenville car accident lawyer at Bobby Jones Law explains wrongful death car accident settlements and what families are entitled to recover.
What Is a Wrongful Death Lawsuit After a Car Accident Under South Carolina Law?
A wrongful death lawsuit in South Carolina is a civil action seeking compensation when a personal injury accident results in death.
Wrongful death actions are like personal injury actions because they are both claims for monetary compensation, based on someone’s actions causing physical harm. The differences are that a wrongful death claim is based on a death, not just injuries, and the claim is brought by the person’s family, not the victim themselves.
Who Can File a Wrongful Death Lawsuit After a Fatal Car Accident in SC?
In South Carolina, the estate’s personal representative files the wrongful death lawsuit. This is the person named in the will or appointed by the court. This person may or may not also be a beneficiary of the lawsuit.
Who benefits depends on who survives the victim. If the victim has a spouse and children, the spouse receives half the proceeds, and the children split the other 50%. If there are no children, the spouse receives 100%. If there is no spouse, the children split the award equally.
Parents and other heirs may receive compensation if there are no closer survivors.
Compensation is divided in accordance with South Carolina law. However, the total compensation amount awarded depends on the number of survivors and their personal losses.
A lawyer can give you a personalized evaluation of what your case may be worth and how proceeds will be divided.
What Is the Difference Between a Wrongful Death Claim and a Survival Action in SC Car Accident Cases?
Wrongful death claims and survival actions in SC car accident cases are distinct. But it’s common to have both claims when a car accident results in death. The wrongful death action is for the benefit of surviving family members. It’s about the loss of the loved one from the survivors’ perspective. Family members receive the proceeds directly.
The survival action is about the victim, and the losses they endure between the accident and their death. The survival action can cover financial losses, such as medical bills and funeral expenses. It can also cover conscious pain and suffering. Survival action proceeds are paid to the estate.
Is a wrongful death car accident settlement subject to the decedent’s creditors?
No. Wrongful death compensation is paid directly to survivors. The deceased person’s creditors can’t claim these funds. Proceeds from a survival action are paid to the estate and may be subject to creditors.
What Damages Can Families Recover After a Fatal Car Accident in Greenville?
South Carolina law says that a wrongful death lawsuit for a car accident should pay damages proportionate to the injury resulting from the death to the beneficiaries.
The law is broad. It doesn’t provide specific guidance on how to value the loss of a family member. It depends on the circumstances of the family.
Damages can include financial losses, such as lost income. It may include the value of childcare, home maintenance, and household chores. In addition, family members may claim for the emotional loss of their loved one, including loss of companionship, grief, and sorrow.
Comparative negligence
Comparative negligence applies in South Carolina wrongful death claims. Compensation is reduced by a percentage based on fault. If the deceased was 51% or more at fault, survivors don’t receive compensation.
When Are Punitive Damages Available in an SC Car Accident Wrongful Death Case?
When death results from especially offensive conduct by the defendant, a wrongful death claim may award punitive damages. Punitive damages aren’t meant to compensate survivors for specific losses. Instead, they punish the defense and serve as a warning to others.
The plaintiff must prove that punitive damages are warranted by clear and convincing evidence of the defendant’s reckless, willful, wanton, or malicious conduct. South Carolina law caps punitive damages awards.
How Are Car Accident Wrongful Death Settlements Calculated in South Carolina?
Car accident wrongful death settlements are calculated in South Carolina based on several factors:
- Economic damages. The direct financial losses to survivors due to the death.
- Non-economic damages. Suffering, anguish, and grief related to losing a loved one.
- Punitive damages. An amount for punitive damages, if the case qualifies.
- Comparative negligence. A deduction for comparative negligence, if applicable.
- Case strength. The strength of the case, including the defendant’s fault and the causation of damages.
- Legal issues. Including admissibility of evidence, interpretation of law, and other questions.
- Insurance. The insurance is available to pay compensation.
A wrongful death settlement calculation depends heavily on the facts. Survivors must provide evidence of financial losses and explain the family relationship and the emotional devastation of losing their loved one. The claim must aggressively refute allegations of comparative negligence. All these factors weigh together in a wrongful death settlement calculation.
What Is the Statute of Limitations for Wrongful Death Lawsuits After Car Accidents in SC?
Usually, families have three years to start a car accident wrongful death claim in SC. If the defendant is a unit of government, the time limit is two years. The time limit begins when the victim passes away, even if the accident happened earlier.
It might seem like a long time, but don’t wait to contact a lawyer. You must have a personal representative appointed by the court, and the investigation can take time.
Why Greenville Families Need Dedicated Legal Representation in Car Accident Wrongful Death Cases
If you have lost a loved one in a car accident, we are truly sorry. Robert “Bobby” Jones is an experienced Greenville car accident wrongful death attorney.
Wrongful death claims are complex. You must fight the insurance company for fair compensation. Hiring Bobby Jones Law as your attorney gives you an experienced lawyer taking care of every step in your case.
Call or message us now.
