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Understanding Wrongful Death Claims from Car Accidents

Wrongful death attorney Gary Christmas in front for surviving family members attending a funeral

When you lose someone you love, you deserve justice — and we’ll stand by you through every step.

At Christmas Injury Lawyers, we understand the devastating impact that a fatal car accident can have on your family. Understanding wrongful death claims from car accidents means recognizing that when a family member is taken from you because of someone else’s negligence, the emotional and financial toll is overwhelming. In such a tragedy, surviving family members are left not only grieving but also struggling with unexpected funeral costs, lost income, and the need to file a wrongful death lawsuit to seek justice.

Wrongful Death: What It Means for Families After a Car Accident

A wrongful death claim is a legal action filed when someone dies due to another party's negligence, such as a fatal car accident. This could be from a driver's disregard of traffic laws or a more complex situation involving medical malpractice following the accident. In these wrongful death cases, the goal is not only to seek compensation for financial and emotional losses but also to hold the responsible party accountable.

Who Can File a Wrongful Death Lawsuit in South Carolina?

Only the personal representative of the deceased's estate can file a wrongful death lawsuit claim in South Carolina. Those who may benefit from the legal claim include:

  • The surviving spouse and children
  • If none, then the surviving parents
  • If no parents, then other immediate family members or legal heirs

Our dedicated legal team ensures every wrongful death case is carefully evaluated so the rights of surviving family members are fully protected.

What Financial Compensation Is Available in a Wrongful Death Case?

Wrongful death expenses: medical expenses, funeral expenses, among others.

Medical Expenses

This includes any medical bills related to the fatal accident before your loved one passed. These can add up fast, and financial compensation can ease that burden.

Funeral and Burial Costs

Funeral and burial costs are often unexpected and heavy. You shouldn’t have to cover these alone when someone else’s negligence caused your loss.

Lost Income and Financial Support

The death of a primary earner affects your family's future. Wrongful death damages may include financial support your loved one would have provided.

Emotional Distress and Pain

The emotional pain and suffering after losing someone in a car accident death is unimaginable. Courts may award damages for emotional distress and mental anguish.

Punitive Damages

In cases of extreme negligence or criminal behavior, punitive damages may be available to further hold the responsible party accountable.

Why You Need Experienced Wrongful Death Lawyers

Wrongful death car accident cases are complex. From establishing liability to navigating the legal process, having experienced wrongful death attorneys by your side ensures no step is missed. At Christmas Injury Lawyers, we focus solely on personal injury and death claims, bringing over 30 years of legal experience to families seeking justice.

We help you with:

  • Gathering evidence such as medical records, police reports, and witness statements
  • Understanding wrongful death lawsuits and your legal rights
  • Pursuing justice through aggressive legal action
  • Providing legal representation throughout every phase of the case

How Our Legal Team Supports Family Members After Car Accident Deaths

Surviving spouse seeking legal representation and seeking legal recourse with experienced attorney for a wrongful death case

You don’t need to go through this alone. We provide compassionate legal guidance tailored to the needs of families who have lost a loved one in a fatal auto accident. We know what it takes to handle wrongful death claims with care, and we fight to ensure surviving family members receive the full financial and emotional support they need.

We prepare every wrongful death lawsuit like it’s going to court, which often results in stronger settlements. And if a settlement can’t be reached, our experienced attorneys aren’t afraid to litigate on your behalf.

AQs About Wrongful Death and Car Accident Cases

How long do I have to file a wrongful death claim in South Carolina?

You typically have three years from the date of death to file a wrongful death lawsuit. Time is critical when gathering evidence and witness statements, so seek legal guidance quickly.

Can I pursue a wrongful death claim if the at-fault party died too?

Yes. You may still pursue a claim against their estate or insurance companies. An experienced wrongful death attorney can help you explore all legal options.

Do I need to gather evidence to prove my wrongful death lawsuit claim?

Yes. Gathering evidence such as police reports, medical records, and witness statements is key to establishing liability.

What if no criminal charges were filed against the responsible party?

A wrongful death lawsuit is separate from criminal proceedings. You can still seek financial compensation even if the responsible party wasn’t criminally charged.

How much does it cost to hire a wrongful death lawyer?

At Christmas Injury Lawyers, we offer a free consultation and only get paid if we win your case. You never pay out of pocket for legal representation.

Start Seeking Justice with Christmas Injury Lawyers

South Carolina flag in front of loved one visiting a grave after a wrongful death car accident

If you’ve lost a loved one in a car accident, our dedicated legal team is here to help. We understand the emotional toll and the financial burdens you’re facing. Call us at (843) 380-4112 or click ‘Contact Us’ on this page to schedule your free consultation. Let us help you begin the legal process and take the steps toward holding responsible parties accountable.

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Our Charleston Personal Injury Lawyers are Here to Help You

At Christmas Injury Lawyers, our South Carolina injury lawyers provide representation after collisions, work accidents, construction accidents, accidents on property, and many other types of personal injuries. We believe firmly in the rights of injured victims and we have dedicated our careers to fighting for those whose lives have been derailed by accidents.

North Charleston Office
(843) 874-6564
1495 Remount Road
North Charleston, SC
Summerville Office
(843) 874-6564
105 S Cedar 
Suite D 
Summerville, SC 29483
Mt. Pleasant Office
(843) 874-6564
250 Mathis Ferry Road.
Suite 102
Mt. Pleasant, SC 29464
Columbia Office
(803) 766-0707
3135 Millwood Ave
Suite A3
Columbia, SC 29205
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship. Every case is different and past results do not mean that the same results can be achieved in a different case. For contingency fees, attorney's fees are calculated before client case costs/expenses. 
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