Spartanburg Fatal Car Accident Lawyer
Losing a loved one in a fatal car accident is one of the most traumatic experiences one can go through. The pain can be even greater when the accident was the result of someone else’s negligence or wrongdoing. If your loved one was killed in a car wreck in Spartanburg, SC, contact the Spartanburg car accident attorneys from Stewart Law Offices. South Carolina recognizes your right to pursue a wrongful death claim and compensation for lost financial support, funeral costs, and emotional suffering. We can fight for your rights and provide the emotional support you need after a tragic loss in the family.
Contact Stewart Law Offices online to speak to a fatal Spartanburg car accident lawyer during a free consultation.
Stewart Law Offices Offers Compassionate Legal Support
The car accident attorneys at Stewart Law Offices collectively hold decades of experience in personal injury law. We are committed to getting results for our clients, some of whom have received multi-million-dollar settlements for wrongful death claims*. We pride ourselves on our dedication to clients and are available 24/7 to answer all their questions and walk them through their cases.
We understand how difficult life can be after the death of a loved one and can see your case through with compassion and empathy. Our goal is to demand the maximum compensation for death in a car accident so you have sufficient funds to rebuild and heal. We also work on a contingency fee basis, so if we don’t win, you won’t have to pay us a fee.*
Spartanburg Car Accident Fatality Statistics
According to data from the South Carolina Department of Public Safety, Spartanburg County regularly has one of the highest numbers of fatal motor vehicle accidents in the state. Over a recent five-year period, Spartanburg ranked in the top five counties with the highest number of fatal car accidents, averaging over 60 fatal accidents per year.
Collisions were most likely to occur during the hours between 3:00 P.M. and midnight. The majority of fatal crashes happened on state primary or secondary roads. The two most common contributing factors to fatal car accidents in Spartanburg County are speeding and failing to yield the right of way.
Pursuing a Wrongful Death Claim
Fatal car accidents due to negligence or wrongdoing fall under the scope of South Carolina’s wrongful death laws. Any car wreck death that is the result of one party’s neglect, default, or wrongdoing can be grounds for a wrongful death claim. A wrongful death claim is like a personal injury claim that the deceased would have filed if they had survived their accident.
The sole person who can bring a wrongful death claim in South Carolina is the deceased’s executor or personal representative, as named in their will. If the deceased has no will, the state will appoint one for them. All proceeds from a wrongful death claim are to go to the deceased’s surviving spouse and children. If no spouse or children are present, the deceased’s parents receive the money.
However, you have a limited time to file a personal injury case for a fatal accident. The general time limit for wrongful death claims in South Carolina is three years from the date of death. Note that this three-year counter starts from the death date, which might be different from the date the fatal car accident occurred.
A knowledgeable Spartanburg personal injury lawyer from our law firm can review your situation and explain if you have grounds to seek compensation and justice through a wrongful death filing.
Determining Liability in a Spartanburg Fatal Car Accident
A central aspect of a claim following a car accident involving death is determining who is liable. In most fatal car accident cases, liability is a matter of showing that the at-fault driver was negligent when they caused the accident. Negligence means that the driver breached some reasonable standard of conduct and caused the accident, resulting in the deceased’s death.
For example, if the driver ran a stop sign due to texting and crashed into another car, they would be negligent. Their lack of care while driving directly resulted in the death of another motorist.
Other examples of negligent or reckless driving that can result in death include:
- Speeding
- Distracted driving
- Ignoring traffic signals
- Aggressive driving
- Tailgating
- Driving while intoxicated
- Failing to yield the right of way
In some cases, a fatal car accident might happen due to defective car parts, such as brakes or steering columns. If a defective product causes death, the vehicle manufacturer could be held liable for losses.
Ultimately, establishing liability in a fatal car accident requires identifying the causal factors contributing to death. As such, a significant portion of a wrongful death claim will be an investigation to gather evidence to prove fault.
The attorneys at Stewart Law Offices are experienced investigators and can rely on several sources to prove your claim, including:
- Photos
- Video recordings
- Eyewitness accounts
- Medical records and autopsy reports
- Police accident reports
- Vehicle data (e.g., GPS)
If your loved one was killed in a fatal South Carolina auto accident, it’s in your best interests to seek legal assistance.
What Compensation Can Be Pursued for a Fatal Car Accident Claim?
A wrongful death claim after a fatal auto accident can compensate you for the losses you have experienced due to your loved one’s passing. Depending on your circumstances, we can pursue compensation for:
- Medical bills and expenses related to the deceased’s death
- Lost financial support and work income
- Funeral and burial expenses
- Pain and emotional suffering
- Loss of companionship, knowledge, and judgment
S.C. Code 15-51-40 also allows juries to award exemplary damages in wrongful death cases. Exemplary damages, or punitive damages, are awarded when the offender’s conduct displays gross negligence or willful malice. These types of damages are intended to punish the offender rather than compensate the victims.
Contact Our Spartanburg Fatal Car Accident Lawyers
Nothing can ever make up for the pain and despair of losing a loved one. However, Stewart Law Offices can help you pursue justice and receive some modicum of closure. Negligent or reckless drivers should be held accountable for the deaths they have caused, and you deserve a chance at justice and compensation. We can be your advocate and provide professional and empathetic counsel when you need it most.
Contact our office online or call today for a free case consultation with a fatal car accident attorney in Spartanburg. We are here to talk night and day, so reach out whenever is convenient for you.