When someone dies in a car accident, their family faces a wave of emotions and legal challenges. Grief can cloud judgment, but understanding what happens in the aftermath can help you make informed decisions.
If your loved one died due to another driver’s negligence, you’ll need to take steps to hold the responsible party accountable. A South Carolina car accident lawyer will guide you through the process, ensuring you pursue justice for your loss.
Investigating the Cause of the Accident
Law enforcement investigates car accidents to determine what caused the crash. Officers examine physical evidence, assess vehicle damage, and interview witnesses to reconstruct the scene. The police report often becomes a key factor in determining fault, and insurance companies rely on these reports when processing claims. However, police reports aren’t always accurate. Officers may miss critical details, misinterpret evidence, or fail to document contributing factors. Without a thorough investigation, important information could be overlooked.
A South Carolina car accident lawyer will conduct an independent review to uncover all the facts. This includes obtaining surveillance footage from nearby businesses, analyzing black box data from the vehicles involved, and consulting accident reconstruction experts.
If the other driver was speeding, intoxicated, or using their phone during the crash, that evidence will strengthen your claim. Dangerous road conditions or mechanical failures sometimes contribute to an accident. The manufacturer could share liability if a defective vehicle part played a role. An experienced attorney will dig deep to ensure nothing is missed and that all responsible parties are held accountable.
Determining Liability in a Fatal Car Accident
Establishing fault in a fatal crash isn’t always simple. Some accidents involve multiple vehicles, and each driver may share some responsibility. Insurance companies often take advantage of this complexity by trying to shift blame onto the victim. They do this to minimize payouts and protect their bottom line. Even when another driver is clearly at fault, their insurance company might argue that the deceased contributed to the crash in some way.
Under South Carolina law, a victim’s family could receive reduced compensation if the deceased is found partially responsible. For example, if the insurance company argues that the victim was speeding or failed to yield, they might try to reduce the claim payout accordingly. A South Carolina car accident attorney will oppose these tactics and fight to protect the family’s rights.
To establish liability, your attorney will gather evidence beyond what’s in the police report. Traffic camera footage, witness statements, and forensic crash reconstructions will help paint a clear picture of what happened. If the other driver violated traffic laws, ran a red light, or was under the influence, those factors will strengthen the case. The goal is to present undeniable proof of the other party’s negligence and hold them fully accountable for the tragedy.
Legal Options for the Family of the Deceased
When a person dies in a car crash caused by another’s negligence, their surviving family members have the right to pursue a wrongful death claim. This type of lawsuit seeks compensation for the losses suffered due to the fatal accident.
In South Carolina, the right to file typically belongs to the deceased’s closest relatives, such as a spouse, children, or parents. If the deceased had no immediate family, the executor of their estate may step in and file the claim on behalf of any eligible beneficiaries.
A South Carolina car accident lawyer will work to ensure the family receives the maximum compensation available. They’ll gather the necessary evidence to prove the at-fault driver’s negligence, calculate the full extent of damages, and negotiate aggressively with insurance companies. If the insurance company refuses to offer a fair settlement, the attorney can take the case to court and fight for justice on behalf of the deceased’s loved ones.
Insurance Company Tactics and How Your Attorney Can Counter Them
Insurance companies focus on protecting their profits, not doing what’s fair for grieving families. They look for ways to reduce payouts when faced with a wrongful death claim. One of their most common tactics is disputing liability. They may argue that the deceased was partially at fault or that other factors contributed to the accident. Even when the other driver’s negligence is clear, insurers often try to shift blame to avoid paying the full claim.
Insurance companies also try to limit compensation by downplaying the financial and emotional impact of the loss. They know that families are dealing with immense grief and may not fully understand the long-term financial consequences of losing a loved one. Adjusters might seem caring and supportive, but their real goal is to resolve the claim quickly and cheaply.
How Insurance Companies Pressure Families
Many insurance companies use pressure tactics to force families to accept low settlements. They count on people not knowing the true value of their claims or feeling too overwhelmed to fight for more. Some insurers even delay the process, knowing that financial stress will push families into settling just to move forward. Without legal guidance, many grieving families accept settlements that don’t come close to covering their financial and emotional losses.
Insurance companies often make early settlement offers that seem reasonable at first glance. However, these offers usually fail to account for the full impact of the loss. They may cover immediate expenses like funeral costs but ignore lost future income, ongoing household contributions, and emotional damages. Once a family accepts a low settlement, they can’t go back and ask for more, even if they later realize the money isn’t enough.
How an Attorney Fights Back
An experienced car accident attorney can protect families from insurance company manipulation. They’ll handle all communication, ensuring that adjusters can’t pressure victims into making statements that could harm their claims. Insurance companies know that when an attorney steps in, they can’t get away with lowball offers or unfair blame-shifting.
Your lawyer will also calculate the full impact of your wrongful death claim. This impact includes both economic and non-economic damages. Future lost income, medical expenses before death, funeral costs, and loss of household contributions all factor into the claim's value. But the impact goes beyond finances. Emotional damages, such as loss of companionship and mental anguish, play a major role in determining fair compensation.
Without legal representation, families often settle for far less than they deserve. A skilled attorney will resist unfair offers and fight for a settlement that fully reflects the loss suffered. If the insurance company refuses to negotiate in good faith, the lawyer can take the case to court and demand justice for the family.
Filing a Lawsuit and Preparing for Trial
If the insurance company refuses to offer fair compensation, filing a wrongful death lawsuit may be the next step. The process begins with filing a complaint, a legal document outlining the basis of the claim, supporting evidence, and the compensation sought. This document officially starts the lawsuit and notifies the defendant of the legal action.
Discovery
After the complaint is filed, both sides enter the discovery phase. This stage allows attorneys to exchange evidence, depose witnesses, and gather expert testimony. Accident reconstruction specialists, medical professionals, and financial experts may provide statements to support the case. Their analysis can show how the accident occurred, the medical costs involved, and the long-term financial impact of losing the deceased’s income.
Insurance companies might try to settle during discovery, especially if the evidence strongly supports the claim. If they still refuse to offer fair compensation, the case will proceed to trial.
Your South Carolina car accident lawyer will prepare you for what to expect in court. Wrongful death cases require strategic arguments, compelling evidence, and a clear narrative of the loss suffered. An attorney will present evidence to show how the accident occurred, proving the other party’s negligence. Witnesses, including family members, may testify about the emotional and financial impact of the loss.
If the case goes before a judge or jury, they’ll decide if the defendant is liable and determine the compensation awarded. Insurance companies often prefer to avoid trials, knowing that a jury could award significantly higher damages than a settlement offer.
Criminal Charges and Their Impact on a Civil Case
Some fatal car accidents involve criminal charges. If the at-fault driver was on drugs or alcohol, driving recklessly, or left the scene of the crash, prosecutors may file charges such as vehicular manslaughter. A criminal conviction can help support a wrongful death claim, but it’s important to understand that the two cases remain separate.
Even if a driver faces criminal charges, the wrongful death lawsuit is a civil matter. The biggest difference between the two is the burden of proof. Prosecutors in a criminal case must show beyond a reasonable doubt the at-fault party is guilty. However, the standard isn’t as high in a civil case. Even if the driver isn’t convicted, a civil claim can still succeed if the evidence shows they were more likely than not responsible for the accident.
A South Carolina car accident attorney will explain how a criminal case might impact the wrongful death lawsuit. Evidence presented in the criminal trial, such as police reports, toxicology results, and witness statements, may be useful in proving negligence in the civil case. In some situations, a criminal conviction can make it easier to negotiate a higher settlement since liability becomes clearer. Even if the criminal case is still pending, a lawyer can start building a wrongful death claim to ensure the family gets the compensation they deserve.
The Emotional and Financial Toll of a Fatal Accident
Losing a loved one in a car accident affects every part of life. The sudden loss creates an overwhelming sense of grief, leaving families struggling to adjust. Beyond the emotional pain, the financial impact can be devastating. Household expenses may quickly become unmanageable if the deceased was the primary earner. Rent or mortgage payments, utility bills, and daily living costs don’t stop after a tragedy.
The immediate expenses alone can add significant stress. Funeral and burial costs often reach thousands of dollars, and if the deceased received emergency medical treatment before passing, those medical bills can add up fast. The added financial strain can feel impossible to bear for families already dealing with emotional devastation.
A wrongful death claim provides a way to recover financially. While no amount of compensation can replace a loved one, securing damages can ease the financial burden and provide stability. A South Carolina car accident lawyer will fight to recover every dollar needed to cover expenses and protect the family’s future. Compensation can account for lost earnings, funeral costs, medical bills, and even the emotional suffering caused by the loss.
Seeking Justice for Your Loved One
Holding the at-fault party accountable isn’t just about financial recovery but justice. When a negligent driver causes a fatal accident, they must be held responsible. Legal action conveys that reckless behavior on the road won’t go unchallenged.
A wrongful death lawsuit also helps prevent similar tragedies. Holding negligent drivers accountable forces them to face the consequences of their actions. In some cases, it can even push for policy changes or increased safety measures that protect others from suffering the same fate.
A South Carolina car accident attorney will ensure that your loved one’s death isn’t dismissed as just another statistic. The legal process gives families a chance to get the answers they deserve, secure compensation that reflects the magnitude of their loss, and take steps toward closure. While no case can undo the past, seeking justice honors the memory of the deceased and ensures their loss wasn’t in vain.
Taking the First Step Toward a Legal Claim
Time limits apply to wrongful death claims, so waiting too long can jeopardize your ability to seek compensation. South Carolina’s statute of limitations sets a deadline for filing, and missing it could mean forfeiting your right to recover damages. Evidence also becomes harder to obtain as time passes, making early action vital.
Contacting an personal injury attorney for a free case review is the first step toward protecting your family’s rights and ensuring that your loved one’s death isn’t in vain.
