According to data provided by the South Carolina Department of Transportation
there were 503 fatal accidents in 2010 through the month of August. Top
causes for these deaths are accidents involving DUI, too fast for conditions
and failure to yield the right of way. Many of these deaths occur in and
around Lexington or Columbia, and many of them could be considered as
wrongful deaths.
Wrongful death is a legal term referring to any fatality caused by the
carelessness, negligence or fault of another party. Proving liability
for a wrongful death can be a difficult and complicated process.
To establish a legal wrongful death a
wrongful death attorney will need to prove that the death was caused by an unlawful act or omission
of the at-fault party. Unlawful in this contest doesn't necessarily
mean against South Carolina criminal law, but rather against civil tort law.
When a
traffic accident results in a fatality a legal cause of action for wrongful death may exist when:
1. The driver of the other vehicle was responsible for the collision;
2. A passenger died as a result of the fault of their driver;
3. The accident was caused by the negligence of another such as an improperly
marked construction area.
Damages for a traffic accident wrongful death may include: final medical
expenses, funeral bills, lifetime lost earnings, pain and suffering, and
financial damages to the next of kin for the loss of their loved one.
To discuss your claim for a South Carolina Wrongful Death action contact the
Law Office of James R. Snell, Jr., LLC, at
1-803-932-6117.
