Filing a Wrongful Death Claim After an Auto Accident
When a loved one has suffered a wrongful death in an auto accident in Charleston, SC, your life can shatter in an instant. But it is not just tragic when that loss happens because someone else made a reckless or careless decision. It is unjust. Beyond the profound emotional pain you’re feeling, there are also overwhelming legal and financial issues to worry about. If another driver’s negligence caused your loved one’s wrongful death, you have the right to file a wrongful death claim.
At Mark C. Tanenbaum, we know that no money can bring back your loved one. However, our wrongful death lawyer can hold the responsible party accountable to give you some sense of justice and financial relief when you’re struggling emotionally and financially.
What is a Wrongful Death Claim?
A wrongful death occurs when a person’s death results from another party’s wrongful act or negligence. A wrongful death claim is a civil action meant to compensate eligible surviving family members for the immense losses they’ve suffered due to their loved one’s death. If you lost your loved one in a fatal auto accident, you could seek damages to cover the devastating impact of your losses.
The damages recoverable in a wrongful death claim aim to address the devastating impact on the surviving family members. These include:
- Medical and funeral expenses related to your loved one’s passing
- Lost income and benefits, especially if your loved one was the primary earner
- Loss of companionship, care, and guidance
- The pain and suffering you endured
- Punitive damages in cases involving gross negligence or intentional misconduct, such as drunk driving
Additionally, your loved one’s estate executor can pursue a survival action. This can cover compensation for the conscious suffering and pain your loved one endured before dying, their medical expenses, and any income they lost during that period.
Auto Accident Fatalities in Charleston, SC
Tragically, SC has one of the highest rates of traffic fatalities in the U.S. In 2022, 1,094 people were killed in auto accidents in SC, with factors like speeding and impaired driving being significant contributors. These aren’t just numbers. They represent families like yours, left to cope with sudden, preventable tragedies.
Prioritizing your family’s well-being is paramount. However, as soon as you can, you should keep any documents related to the auto accident, such as police reports, evidence from the scene, contact information for witnesses, and any correspondence. You should also be prepared and careful when talking to the at-fault party’s insurer. This is especially true when they press you to accept a quick settlement without understanding the full extent of your losses and legal rights.
Most importantly, you should discuss your claim with a Charleston, SC, wrongful death attorney. They can explain your rights and start protecting your family’s best interests while you focus on grieving.
Our Seasoned Wrongful Death Attorneys Pursue Justice and Financial Security for Your Family
While nothing can truly make up for your loss, our Charleston, SC, wrongful death lawyers can secure the justice and financial stability your family deserves. Contact Mark C. Tanenbaum and arrange your free consultation by contacting us online or dialing (843) 577-5100.