Charleston, SC – One of the worst things a family has to deal with is losing a relative in a fatal car collision. There are a number of ways that people in this situation can get help from a personal injury attorney and make the party responsible pay for various expenses associated with the accident. It is also important to only retain a lawyer or firm that is experienced in fatal accident cases, as the rules for these kinds of lawsuits are different from standard negligence cases.
The likelihood of a fatal collision
The state of South Carolina has dangers on the roads just like every other part of the country. Unfortunately, some of these road hazards do result in fatalities. In most areas, less than one percent of all traffic collisions result in at least one fatal injury, however an average of about one hundred people per day die in traffic accidents in the United States. Head on collisions where two vehicles drive straight into each other tend to be the most dangerous and likely to cause a person in the vehicle to pass away.
Even though the risk is fairly low, there still is a possibility that a driver may be involved in a fatal accident during their lifetime.
Wrongful death laws
There are special rules in every state that allow a person to stand in a family member’s place and file a lawsuit on their behalf. However, the specific relatives that may bring the claim are limited and there is also a short time frame to take action. The statute of limitations for these kinds of cases is only three years, so it is important for the family to get representation as soon as possible.
South Carolina’s wrongful death statute says that a person who is responsible for the accident by neglect, default, or a wrongful act can be sued. The party named in the lawsuit will also be responsible for various kinds of damages if the lawsuit is successful. The personal representative of the deceased person’s estate is the only one who can bring the lawsuit. If no one has been named as a representative at the time of the accident, the courts may decide to appoint one. The spouse or children are usually named as the person’s beneficiaries, however if these parties are not available, a parent or other family member will normally take their place.
Getting help from an injury lawyer in Charleston
The Clekis Law Firm is a trusted resource for anyone who needs representation in a personal injury case in Charleston, South Carolina. Potential clients can schedule a meeting with one of the firm’s attorneys to learn more.
Firm contact info:
171 Church St., Charleston SC, 29401