Wrongful Death and Car Accidents

Unfortunately, motor vehicle safety remains a serious problem in our region. South Carolina has a car accident fatality rate that is significantly higher than the national average. For families, the loss of a close loved one to a crash is a devastating, horrible tragedy. At the West Law Firm, we are committed to providing compassionate, reliable wrongful death claims guidance. Here, our Moncks Corner wrongful death lawyer provides a guide to fatal car accident claims in South Carolina.

Motor Vehicle Collisions are a Leading Cause of Accident Deaths

Traffic crashes are consistently one of the leading causes of death in South Carolina. According to data provided by the South Carolina Department of Public Safety (SCDPS), an average of more than 1,000 people are killed in wrecks in the state each year. It is the number one cause of accidental deaths. Notably, the vast majority of deadly car accidents are classified as avoidable. That is to say that the crash should and could have been prevented if only proper safety precautions had been taken by all parties.

Wrongful Death Auto Accident: Know the Law in South Carolina

Civil wrongful death lawsuits provide a path to justice for grieving families. Following your loved one’s deadly accident, you may be entitled to bring a civil wrongful death claim against the at-fault party (or parties). These cases arise under state law. If your loved one was killed in a crash in Moncks Corner, Summerville, or elsewhere in the region, it is important to have an understanding of South Carolina law. Here are some key points that grieving families should be aware of:

Wrongful Death Defined (S.C. Code § 15-51-10): South Carolina law defines a wrongful death as one caused by the “wrongful act, neglect, or default” of another person or entity. In simpler terms, if the deceased could have filed a personal injury claim had they survived, their personal representative can now file a wrongful death claim. To be clear, this includes deaths resulting from negligence behind the wheel.
Legal Authority to File (S.C. Code § 15-51-20): In South Carolina, only the personal representative (executor or administrator) of the deceased person’s estate may file a wrongful death claim. Unlike in some other states, family members do not file the lawsuit directly, although they are the beneficiaries. It is a procedural rule that is designed to ensure that all potential claims on behalf of the estate are handled through one coordinated action.
Eligible Beneficiaries Under the Law: If the person who passes away does not have a will, the proceeds of a wrongful death case are distributed to the deceased’s statutory heirs. These include the surviving spouse and children, or if none exist, the deceased’s parents. If there are no surviving parents, spouse, or children, the heirs at law are determined under South Carolina’s intestacy statute.
Civil Burden of Proof: As with other types of civil claims in South Carolina, the plaintiff must establish liability by a “preponderance of the evidence.” The standard means showing that it is more likely than not that the defendant’s negligence or wrongful conduct caused the death. Common bases for liability in auto accident cases include speeding, distracted driving, failure to yield, and driving under the influence.
Survival Actions Are Separate but Related (S.C. Code § 15-5-90): A survival action differs from a wrongful death claim. It allows the estate to recover for the pain, suffering, and losses experienced by the deceased between the time of injury and death. Both actions can arise from the same incident but serve different purposes. One for the family’s loss of life (wrongful death) and the other for the decedent’s own suffering prior to death (survival action). Remember, these claims can be pursued simultaneously.
Time Limit to File (Statute of Limitations): In South Carolina, depending on who the defendant is, the statute of limitations for a wrongful death car accident lawsuit is three years from the date of death. Missing this deadline typically bars the claim as a matter of law. Because some fatal accidents involve complex investigations or multiple potential defendants, grieving families must be prepared to act quickly. A top-rated Moncks Corner wrongful death lawyer can help.

Your Guide to Compensation for Death in a Car Accident in South Carolina

The reality is that there is nothing that will ever be sufficient to make up for such a horrible, terrible loss from a fatal car accident. With that being said, a wrongful death lawsuit is an important legal tool to pursue justice. Grieving families have the right to seek compensation for their losses. In South Carolina, wrongful death compensation includes both economic losses and non-economic losses. Along with other losses, wrongful death compensation may include:

Funeral and Burial Expenses: These expenses cover the reasonable cost of funeral services, burial, cremation, and related arrangements. The court requires documentation such as invoices or receipts. The amount must reflect ordinary costs, not extraordinary or speculative charges.
Loss of Financial Support: The next category accounts for the income and economic benefits the deceased would have contributed to the family. It includes wages, employment benefits, retirement contributions, and other expected earnings.
Loss of Services and Household Contributions: A wrongful death claim may include the value of the decedent’s domestic and caregiving efforts. Along with other things, this can cover activities such as childcare and other non-monetary forms of support,
Loss of Love, Companionship, Consortium, and Society: Non-economic wrongful death compensation is designed to address the deprivation of love, comfort, protection, and emotional guidance. It applies to spouses, children, and sometimes parents. Though intangible, these damages often form the core of a wrongful death lawsuit.

Why Grieving Families Rely on The West Law Firm

The loss of a close family member to a motor vehicle collision is a horrible tragedy. It is a gut-wrenching, heartbreaking experience that no person should ever be forced to endure. The legal process will not make everything right, but it is a path to justice, closure, and financial support. At the West Law Firm, we fight for justice for grieving families. Our case results tell the story best of what we can do when it matters most. We have an office right here in Moncks Corner, and we know this community and the wider region very well. Your initial consultation with our South Carolina wrongful death lawyer is free and completely confidential.

Contact Our Moncks Corner, SC Wrongful Death Lawyer Today

At the West Law Firm, our Moncks Corner wrongful death attorneys have the experience that grieving families can trust. If you have any questions or concerns about wrongful death laws and motor vehicle accident claims, we are here as a resource that you can rely on. Call us now or contact us online to arrange your free case review. From our Moncks Corner law office, we handle fatal motor vehicle accident claims throughout the region, including in 29461.