Wrongful Death and Car Accidents

Was your loved one killed in a motor vehicle crash? It is a horrible, heartbreaking tragedy. The South Carolina Department of Public Safety (SCDPS) reports that more than 1,000 people were killed statewide in car crashes in 2022 alone. Unfortunately, South Carolina has one of the highest rates of motor vehicle accident fatalities in the country. For grieving families, picking up the pieces after such a devastating crash is extremely difficult. A civil wrongful death claim is one avenue towards justice, accountability, and financial support. Attorney Trey Harrell is committed to helping grieving families navigate the legal system. Here, our Charleston car accident attorney provides a guide to wrongful death claims in South Carolina.

Wrongful Death Auto Accident: Know the Law in South Carolina

The loss of a close loved one to a bad accident is a horrible tragedy. A wrongful death lawsuit is a type of civil claim in South Carolina that allows grieving family members to hold the at-fault party legally liable for a fatal crash. Here are some key points that families in Charleston should know about wrongful death claims for car accidents in South Carolina:

• The Action Belongs to Statutory Beneficiaries: Not every person who was close to the victim of a fatal auto accident can bring a wrongful death claim. Under South Carolina Code Section 15-51-20, a wrongful death is a statutory cause of action. The law directs the personal representative to bring the action, but the beneficiaries receive the recovery. The class of beneficiaries includes the spouse, children, or parents. If none exist, the estate distributes the proceeds under intestacy rules.
• The Personal Representative Must Bring the Case: There are strict regulations for the filing of a wrongful death lawsuit in South Carolina. The statute requires that the personal representative act as the named plaintiff. Family members cannot file on their own. The court can appoint a representative if none is in place.
• Wrongful Death Liability is Based on Fault (Negligence Principles Apply): The plaintiffs in a fatal accident claim must prove that the at-fault driver or other at-fault party breached a duty of care. The elements mirror a standard negligence claim. Duty, breach, causation, and death must be supported by evidence. Every fatal crash should be thoroughly investigated by a top Charleston, SC wrongful death lawyer.
• Survival Actions Operate Separately From Wrongful Death: A fatal auto accident may support both a wrongful death action and a survival action. They are different claims with different recoveries. The survival action covers the decedent’s pre-death experience. The wrongful death claim focuses solely on the beneficiaries. The personal representative manages both claims. If you have any questions about a survival action claim, a top Charleston fatal accident attorney can help.
• The Statute of Limitations Is Generally Three Years: The three-year limit runs from the date of death. The limitations period can shift if the defendant is a governmental entity. Wrongful death claims against government bodies must follow the South Carolina Tort Claims Act procedures. Notice and timing rules differ from private claims. Do not fall behind in the claims process: Consult with a Charleston wrongful death lawyer right away.

An Overview of Compensation for Death in Car Accident

There is no amount of compensation that will ever be enough to make things right after a deadly motor vehicle crash in South Carolina. At the same time, financial recovery is how the civil legal system compensates families. Further, families need support during challenging times. South Carolina law allows a broad range of recoverable damages in fatal motor vehicle cases. There are three broad categories of damages:

• Economic Damages: The purpose is to account for the financial and relational impact of the death. Beneficiaries can seek compensation for lost financial support. Among other things, this includes the income, household services, and future earning capacity the decedent would have provided. They can also seek compensation for other costs, such as funeral and burial expenses.
• Non-Economic: Wrongful death damages are primarily non-economic. In a fatal accident claim in South Carolina, courts also consider the loss of companionship, guidance, and emotional support. Although non-economic damages can be more challenging to prove, they are no less real and no less compensable. A Charleston, SC wrongful death lawyer can help you establish your non-economic losses, including loss of love, loss of companionship, and loss of consortium.
• Punitive Damages: A final category to be aware of is punitive damages. The damages may apply if the conduct shows recklessness or a conscious disregard for safety. The availability of punitive damages depends on specific factual proof. Courts require clear evidence that the at-fault driver acted with severe misconduct. For example, after a fatal DUI crash in Charleston, punitive damages may potentially be recoverable.

Was Your Loved One Killed in a Crash? Remember Trey Helps!

The loss of a loved one to a fatal crash is a devastating, terrible tragedy. Our founding attorney, Trey Harrell, is a South Carolina wrongful death attorney who puts families first. You do not have to navigate the wrongful death claims process alone. You should focus on healing and your family. Let Trey handle all of your legal needs. We provide proactive, personalized legal representation to families who are dealing with life’s most tragic and difficult circumstances. You do not have to figure out everything alone. Your initial consultation with our South Carolina fatal crash attorney is free, completely confidential, and carries no additional obligations. We are here to help.

Contact Our South Carolina Wrongful Death Lawyer Today

Attorney Trey Harrell is a Charleston wrongful death attorney who compassionately advocates for justice for grieving families. If your loved one was killed in a crash caused by negligence, we are here to help. Call us now or connect with us online for a free, no obligation initial consultation. We are strong advocates for grieving families in the 29407 zip code and throughout the entire region.