When someone dies in an accident, grieving families pursue their legal rights for truly good reasons- to get answers, to hold a wrongdoer accountable, to obtain financial support a settlement can create to make up for a lost breadwinner. These cases are extremely tough emotionally, and you can’t expect the opposing insurance company to help you.
But we’re experienced Spartanburg wrongful death attorneys, and we will. Here’s a brief guide to the basics of a case to get a settlement for a fatal accident.
What Does Wrongful Death Mean?
Wrongful death is a legal term for the claim made when an accident- meaning any acccident- causes the victim’s death. South Carolina law allows certain relatives of the victim, usually the spouse, children, and/or parents, to be compensated for:
- The emotional trauma caused by the death,
- Loss of the victim’s companionship, and
- The victim’s lost earnings that would have contributed to supporting the family.
The victim’s estate may also have a survival claim to recover for the victim’s:
- Medical bills and
- Conscious pain, suffering, and mental distress caused by the accident.
Either case can make a claim for funeral expenses. Both cases can include punitive damages.
A Wrongful Death Lawsuit Can Help Your Family Obtain a Fuller Sense of Justice
Wrongful death lawsuits obtain justice for accidents. Legally, criminal law does little or nothing to hold wrongdoers accountable for accidents. A wrongful death case can help victims fill in the gaps left by criminal law.
For example, a husband gets T-boned by a semi-truck that runs a red light. The husband dies, leaving a widow with small children. All criminal law can do is fine the trucker a few hundred bucks. A small fine paid to the state will never help make up for a departed spouse's lost income or pay medical bills from the crash.
But South Carolina's wrongful death law gives the widow and children a chance at a settlement they could really use. They have a claim against the trucker and his employer, the trucking company.
There's Too Much at Stake for a Loss that's Too Much to Bear. Get Professional Help.
Shock and sorrow flow from losing a loved one in an accident beyond their control, and yours. But you can control choosing a professional you trust to protect your family's rights and handle your case properly. It's critical, because the stakes are high. This is likely the only chance you'll have at real justice and needed financial support.
And it won't be easy. You've got to prove how much you should get in a South Carolina wrongful death settlement based on certain legal factors. It's your obligation to obtain the evidence needed to prove your case, and make sure it's admissible under the South Carolina rules of evidence.
If you’ve lost a loved one in an accident, you owe it to yourself and your family to meet with a lawyer experienced in these cases. At Holland & Usry, our Spartanburg accident lawyers look after folks like you in fatal accident cases.
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