West Ashley Fatal Car Accident Attorneys

Wrongful Death Lawyers Serving Charleston, South Carolina

West Ashley is one of six districts in Charleston, SC. Popular for its bars and restaurants, it is known as west of the Ashley River. As part of Charleston, this area is also known for some of the worst car accident rates in the country.

More than 38,000 Americans die yearly in road crashes, making the U.S. traffic death rate 12.4 fatalities per 100,000 inhabitants. According to Forbes Advisors’ 2022 report, South Carolina ranked second as the most dangerous state to drive. The report also revealed that southern states were more inclined to experience more car accident deaths due to safety driving laws and the rural roads.

The West Ashley personal injury lawyers at the Steinberg Law Firm are here to help. We have over 90 years of experience helping families recover financial compensation by holding negligent drivers responsible for their actions. We understand that nothing can bring a loved one back; however, with our help, you may not need to deal with the financial burdens of your loss.

What Is a Wrongful Death Claim?

The death of a loved one in a preventable fatal crash is a tragedy that no one should ever experience. A wrongful death lawsuit is an option for the families of someone who passed away in a car crash.

Wrongful death lawsuits are brought against another driver who caused someone’s death, either due to intentional action or negligence. Wrongful death lawsuits are often filed by a representative of the deceased’s estate. This is often a surviving family member who is named as the deceased’s personal representative in their will or through subsequent court proceedings. A wrongful death claim is similar to a personal injury lawsuit, except that the action is brought not by the victim but by their estate.

How to Prove a West Ashley Wrongful Death Case

Wrongful death cases require the same proof of negligence as in a traditional personal injury lawsuit. More specifically, the party bringing the case, who is referred to as the plaintiff, must meet each of the following elements:

1. Duty – The other driver owed an accident victim a level of care.
2. Breach – The other driver violated their duty of care.
3. Causation – The other driver’s actions caused the fatal accident.
4. Damages – The party bringing the claim suffered legally recognizable damages due to the accident victim’s death.

Who Can File a West Ashley Wrongful Death Lawsuit Following a Fatal Car Accident?

In South Carolina, only the administrators or executors of a deceased’s estate may file a wrongful death claim. If the deceased had an estate plan, it names the executor/administrator; the court appoints one if the deceased did not have an estate plan.

Those eligible to recover damages in a West Ashley fatal car accident wrongful death case include:

• A spouse and children of the deceased;
• Victim’s surviving parents if there is no spouse or children; or
• Heirs of the deceased if there is no spouse, children, or parents. 

Damages that may be recovered in a West Ashley fatal car accident wrongful death claim include:

• Lost income that the deceased contributed to the household;
• Loss of victim’s care, protection, and companionship;
• Mental anguish sustained by survivors; and
• Funeral and burial expenses.

South Carolina families may also file a survival right of action that seeks compensation for the harm a victim suffered before their death. An executor or administrator can only file this. Any damages recovered go to the victim’s estate.

Damages that may be sought in a survival action can include:

• Pain and suffering the victim endured before death;
• Medical treatment related to the injuries that resulted in a victim’s death;
• Related out-of-pocket expenses the victim incurred before their death; and
• Possible punitive damages in rare cases.

Contact a West Ashley Lawyer to Discuss Your Case Today

A West Ashley fatal car accident lawyer can walk you through your options and explain your legal rights to you based on the circumstances of your case. If you have lost a loved one who died in a car accident, our fatal car accident lawyers can help you recover the compensation you deserve for any damage and injuries. Contact the car accident lawyers at Steinberg Law Firm today at 843-720-2800.