About Recovering Compensation for Fatal Car Accident Claims
When a car accident results in a fatality, surviving family members want to know how to get justice for their loved one. Just like in car accidents where victims are injured, the party at fault for the accident should pay for damages and losses. When a car accident results in death, receiving a settlement is important to recognize the victim and provide needed financial compensation for family members.
If your loved one has lost their life because of a car accident, our wrongful death lawyers at Bobby Jones Law can assist you in taking legal action. Contact us today to review your case and begin.
Getting a Wrongful Death Settlement for a Car Accident
There are multiple sources of compensation that may be available for a car accident wrongful death settlement. Usually, settlement funds are from an insurance policy or directly through a lawsuit.
Regardless of which avenue is used to pursue compensation, the plaintiff must prove the case. They must show:
- Why the defendant is legally at fault
- Fault of each party if there are multiple parties at fault
- That the car accident is what caused the victim’s death
- The extent of the damages due under the law
Getting a wrongful death settlement for a car accident means evaluating sources of compensation and proving the defendant’s legal fault. When a party is responsible for wrongful death, they must pay the appropriate damages. Damages are typically high in wrongful death claims to account for the tragic loss of life. (Stevens v. Allen, 342 S.C. 47 (2000).
The party bringing a wrongful death lawsuit for a car accident may have representation from a lawyer. The Bobby Jones Law team is available to answer questions and represent you throughout the claims process. We invite you to contact us for a free review of your situation.
Who Files a Wrongful Death Lawsuit for a Car Accident?
In South Carolina, the administrator or executor files the wrongful death lawsuit for a car accident. However, it’s the surviving family that benefits from the claim. The surviving spouse and children benefit first. If there are none, then it’s the parents as beneficiaries. If there are still none, then the heirs of the victim benefit. (S.C. Code § 15-51-20).
Time Process to Start a Wrongful Death Claim
You have three years to start a wrongful death claim in South Carolina, including claims that are based on car accidents. You shouldn’t wait that long to preserve the evidence and get started with the case. (S.C. Code § 15-3-530).
The case begins when the executor or administrator takes the appropriate action to begin. The sooner you get started, the sooner you receive your compensation. In addition, starting the case early preserves the evidence while it can be gathered and documented.
Our lawyers can handle your case from the beginning until you have your compensation. We know the time process, and we can work quickly to start the case and pursue it efficiently.
Wrongful Death Settlement Amounts
How much compensation can I receive for a fatal car accident?
Any loss of life is tragic. South Carolina law allows you to claim compensation for financial losses as well as the anguish and suffering that comes from losing a family member. Compensation is the respective value of the injury resulting from the death to the surviving family members. Damages are shared among the entitled parties based on what they would be entitled to if the victim had died intestate.
Wrongful death settlement amounts may include:
- Funeral and burial expenses
- Medical bills associated with the decedent’s injury or illness
- Lost earnings and financial benefits and support to the surviving family
- Non-monetary damages, such as loss of guidance, companionship, care
- Pain and suffering suffered by the decedent before death
Receiving the amount that you deserve is the result of diligently building the case, skillfully pursuing the settlement and following the correct procedural steps along the way. The compensation you receive should fairly recognize the loss of your loved one and all of the ways that it has impacted your family.
Lawyers for Car Accident Wrongful Death Claims
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Wrongful Death FAQs
Should I Hire a Lawyer for My Case?
Yes. Wrongful death claims involve complex rules that only experienced lawyers will know how to interpret and apply to your case.
How Much is the Settlement?
Your lawyer will be able to give you an estimate of how much you can recover based on the specific facts of your case.
Can I File the Claim if My Deceased Family Member Did Not Name an Executor?
If the decedent died intestate, meaning there’s no will, or if the name administrator or executor can’t or doesn’t want to serve, the probate court will name an executor, who must file the claim.