The South Carolina Department of Public Safety states that a fatal car accident occurs in South Carolina every nine hours. What is a concerning statistic to some is a dark reality for other families who lost their loved one due to someone else’s negligence on the road.
If you lost a loved one in a car accident in Greenville, South Carolina, you might be eligible to file a wrongful death claim on behalf of your loved one. The thought of taking action to pursue compensation for your damages might seem overwhelming, but you do not have to go through this legal battle alone.
A Greenville fatal car accident attorney from George Sink, P.A. Injury Lawyers can review your case and help you determine how much compensation you may be entitled to collect. Begin taking legal action toward those responsible for your loved one’s untimely death.
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Surviving Family Members Can File a Wrongful Death Lawsuit
A fatal car accident can stir up tumultuous consequences for direct family members. This is why wrongful death cases can serve as a saving grace for families who are suffering the loss of emotional and financial stability that their loved one provided.
Not every family member qualifies to file such a lawsuit, though. According to S.C. Ann. § 15-51-20, individuals who qualify to file include:
- The decedent’s spouse or children
- The decedent’s parents if no spouse or children exist
- Personal representative or the decedent’s executor (if no surviving members exist)
Adopted children and adoptive parents may also file claims on behalf of each other, but adopted children cannot file for their biological parents. Siblings also do not qualify to file for their deceased sibling.
What You Need to Prove Negligence
Legal arguments in wrongful death cases may revolve around how the at-fault party acted negligently, which ultimately led to your loved one’s death. To structure this argument, your lawyer must prove the four elements of negligence—which are:
- Duty of care: The at-fault party owed a duty of care to the decedent. In the case of a fatal car accident, this duty of care is one that all drivers must uphold. All drivers have to adhere to traffic laws to keep others safe on the roadway.
- Breach of duty: The at-fault party’s action or inaction breached their duty of care to your loved one.
- Causation: Because of the at-fault party’s breach of duty, they caused a car accident.
- Damages: The decedent died as a result of the accident that the at-fault party’s negligence caused.
The task of having to prove the other party’s negligence does not have to rest on your shoulders alone. A fatal car accident lawyer in Greenville can help you build your case with supporting evidence. Our legal team at George Sink, P.A. Injury Lawyers is ready to do what it takes to help you receive compensation for your losses.
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A Wrongful Death Lawsuit May Lead to Multiple Types of Compensation
When someone dies in a car accident, the damages that follow go beyond what happened to the physical vehicles alone. When surviving family members file a wrongful death lawsuit in relation to a fatal car accident, they may be entitled to multiple types of compensation besides property damage.
As part of your compensation, you may be able to recover damages for:
- Medical expenses, including costs for ambulance rides, hospital stays, and emergency treatment
- Costs for funeral and burial arrangements
- Pain and suffering, which can cover emotional anguish and physical pain your loved one went through before their passing
- Loss of income, which reflects the projected future earning capacity of your loved one (if they had not died)
- Loss of companionship
- Loss of consortium
Your fatal car accident lawyer in Greenville may discuss additional losses to be included in your claim, depending on the details of your case.
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Focus on Your Family, and Leave the Rest to Us
We understand that coping with a loved one’s unexpected death from a car accident can be a chaotic period, especially if they were a primary financial provider for your family. You may be preoccupied about handling funeral arrangements, rent or mortgage concerns, or medical expenses for your loved one.
Let our legal team give you a legal hand and fight for the chance to collect the compensation you need during these trying times. We can take appropriate measures to file your wrongful death claim and ease that legal pressure off your mind.
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Call George Sink, P.A. Injury Lawyers Today to Work on Your Claim
Grief can be all-encompassing, so it can be hard to pursue legal action while also coping with the death of a loved one. If you live in Greenville, South Carolina, and would like assistance in filing a wrongful death claim on behalf of your loved one, a Greenville fatal car accident lawyer from George Sink, P.A. Injury Lawyers may be able to help you with your case.
Call or fill out our form for a free case review with a member of our team and learn how we can help you pursue compensation for your loved one’s wrongful death. Focus on healing and leave the rest to us.
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