In Georgia, a family member of a deceased car accident victim can typically sue for negligence to obtain financial compensation for their losses. In South Carolina, the decedent’s personal representative is generally the one who sues. In both states, the deceased’s spouse, parents, and children can request support from the liable party.
You should focus on being with your family and grieving your loved one. At George Sink, P.A. Injury Lawyers, we can help the decedent’s family members receive the financial compensation they need. In doing so, we will investigate the crash, compile evidence, name liable parties, and negotiate a sufficient settlement.
Georgia and South Carolina’s Laws About Suing for Wrongful Death
If your loved one passed away from their car accident injuries, state laws explain who can sue the other party. Generally speaking:
- Georgia: In descending order, the surviving spouse, children (if there is no surviving spouse), parents (if the decedent doesn’t have living children), or the executor of the decedent’s estate (if there are no surviving parents) can file suit, per O.C.G.A. § 53-2-1.
- South Carolina: According toS.C. Code § 15-51-20, the decedent’s executor is the one who must file the lawsuit. However, the decedent’s surviving family members may be able to collect the damages.
The Reasons Behind Road Accidents
Wrongful death in traffic accidents can occur from various circumstances, including:
- Drunk driving
- Defective vehicle parts
- Distracted driving
- Drowsy driving
- Lack of skill or experience
- Failure to observe traffic lights or stop signs
- Reckless driving
Drivers are responsible for traveling on the roads safely, without endangering the lives of those who share the streets with them. Failure to do so can ultimately lead to a legal case supporting the victim’s family members.
Understanding the “why” behind the death of your loved one can help prove liability on the part of the other driver(s).
The Importance of Evidence in a Wrongful Death Case After a Car Accident
When family members take legal action against the person who caused the fatal car collision, they need evidence such as police or traffic reports, photographs, and witness testimony. They must then apply this evidence to the elements of negligence:
- Duty of care: The other party was to drive with prudence and have your loved one’s safety in mind.
- Breach of duty: They acted negligently.
- Causation: This negligence triggered a car accident and, ultimately, your loved one’s death.
- Damages: These events led to financial and non-financial damages.
The victim’s family members must also present evidence of the financial damages caused by the wrongful death, such as:
- Medical bills for the deceased’s health care before his death
- Lost wages — especially if this money helped claimants
- Funeral and burial expenses
- Loss of consortium or companionship
- Loss of household services
How Our Firm Can Manage Your Wrongful Death Car Accident Case
You should be able to grieve your loved one in peace, not figure out the legal system. Our attorneys can take over the related responsibilities for you.
You can rely on them to:
- Gather police reports, photographs, and medical records to create an evidence file
- Establish that the other party acted negligently
- Communicate with other parties
- Assess the full extent of your late family member’s and your damages
- Negotiate a fair settlement with the insurer
- Go to trial if they cannot come to a settlement agreement
Your attorney will also keep you up-to-date on your case’s progress and will be available to answer your questions.
Our Firm Offers Our Help for Contingency Fees*
At our firm, we offer our services on a contingency-fee basis*. This payment agreement is a great opportunity for those who don’t have immediate financial resources to fall back on during this type of lawsuit. We understand that nothing can fix what happened to your loved one, but fair compensation can help get you back on track.
George Sink, P.A. Injury Lawyers has assisted the families of wrongful death victims in traffic accidents for years. Losing a loved one through someone else’s negligence is truly painful, and the law provides legal tools to help families move on after tragedy.
George Sink, P.A. Injury Lawyers Supports the Families of the Victims
Let us help your family obtain just financial compensation in the event of wrongful death in a traffic accident. Compensation can help you face the long road to some form of recovery after the loss of a loved one. Explore your legal alternatives, and start your free consultation as soon as possible.
Call George Sink, P.A. Injury Lawyers today. Our professionals are ready to work with you immediately to resolve your wrongful death case.