subject: Car Accidents & Wrongful Death, Protecting The Rights Of The Deceased [print this page] Automobile accidents are one of the most common causes of injury and death. In South Carolina in the the first part of the year, there have already been 444 car accident-related deaths. When a loved one dies in a car accident, it can be very difficult to deal with. What makes it harder to deal with is if it was a result of someone else's negligence. Naturally, you want to get the person to receive the punishment that they deserve. As a result, you may be able to work with a personal injury lawyer to file a wrongful death claim on behalf of your loved one.
Wrongful death is a legal action, or lawsuit, brought in civil court by a deceased's surviving family members, often a spouse, mother, father, or child. You are able to get some justice for your loved one's death by filing for wrongful death against the person whose actions ultimately killed your loved one.
A wrongful death case is not the same as a criminal prosecution. Even though the subject is the same, each case is separate, and presented before separate judges and juries. A person may be found guilty in criminal court for the accident that caused the death, and/or may be found civilly liable for the death, entitling the family to monetary compensation.
What you may not know is that someone doesn't have to be found guilty on criminal charges to be held financially liable in a wrongful death case.
For example, if your mother was tragically killed by another driver who ran a stop sign. At the scene the driver was arrested for driving under the influence. In order to avoid that charge, the driver pleads no-contest to lesser charges, such as driving without insurance and failure to obey traffic signals. A careless driver can still be charged in a wrongful death case even if they were not intoxicated when the accident ocurred.
No wrongful death automobile accident is the same. You should immediately speak with a qualified wrongful death attorney if you have a loved one who was killed by a wrongful death accident. A skilled legal professional will be able to help you determine if your situation qualifies for wrongful death, and if so, will help you receive compensation from those responsible for your loved one's death.
by: Shelly Leeke
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