Motor vehicle collisions are one of the leading causes of accidental deaths in South Carolina. The loss of a family member to a crash is a terrible tragedy. The legal beneficiaries of the victim have the right to file a civil wrongful death claim to seek justice, accountability, and financial support. At The Law Office of Steven M Krause, PA, we have the experience needed to handle all types of fatal traffic accident claims. Here, our South Carolina wrongful death attorney provides a more detailed overview of what grieving families need to know about the law.

Know the Law: Wrongful Death Auto Accident in South Carolina

Wrongful death claims after fatal car accidents are governed by S.C. Code § 15-51-10. To be clear, these cases do not compensate the decedent. Instead, they are designed to compensate the legal beneficiaries of the deceased for the losses caused by another party’s negligence or misconduct. In most cases, the defendant in a car accident wrongful death claim is a driver. However, other parties, such as truck companies, vehicle manufacturers, or highway maintenance crews, may be defendants as well.

South Carolina’s wrongful death statute allows recovery when a death results from a wrongful act, neglect, or default that would have supported a personal injury claim if the victim had survived. Only the personal representative of the decedent’s estate has standing to file suit. In other words, family members cannot file directly. The personal representative is responsible for the claim.

Still, the wrongful death claim for a fatal car accident is for the benefit of close surviving family members. Indeed, the statute defines beneficiaries in a strict order. The surviving spouse and children take first. If there is no spouse or child, the decedent’s parents recover. If none exist, the heirs at law inherit under intestacy rules. Based on the specific circumstances of the case, a South Carolina court will distribute proceeds according to these statutory priorities.

Families Can Seek Compensation for Death in a Car Accident

The loss of a close family member to a traffic collision is a terrible, heartbreaking tragedy. There is no amount of monetary compensation that will ever be sufficient to make things right. At the same time, grieving families need justice, accountability, and the maximum available financial support. Our South Carolina car accident lawyers for wrongful death claims help families seek recovery for:

Out-of-pocket medical expenses;
Funeral and burial costs;
Loss of insurance coverage or other financial support;
Loss of love, companionship, or consortium; and
Punitive damages (limited remedy).

Contact Our South Carolina Car Accident Wrongful Death Lawyer Today

At The Law Office of Steven M Krause, PA, our South Carolina wrongful death lawyer for car wrecks is a compassionate, experienced advocate for families. If your loved one was killed in a motor vehicle wreck, please do not hesitate to contact us today for a free case review. With an office in Anderson, we handle car accident wrongful death claims throughout the whole region in South Carolina.