Car Accidents & Wrongful Death, Protecting the Rights of the Deceased

Millions of car accidents occur each year, making it one of the leading causes of injury and death

. So far in 2010, 444 people have died in the state of South Carolina due to car accidents. It is a traumatic experience losing someone in a car accident. If someone else was the cause of your loved one's death, it can be even more difficult to handle. It is devastating to know that someone else's negligence has caused your loved one's life to end and now you are left to deal with the pain. As a result, you may be able to file a wrongful death lawsuit 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.For a wrongful death case, even if the person is not sent to jail, they can still be held responsible financially for the damage that they have caused.For example, suppose your mother were killed in an auto accident by a driver who ran a stop sign. The person driving the car was arrested for a DUI at the scene of the accident. 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. Although not convicted of driving under the influence, the driver may still be brought up on a wrongful death suit because his careless driving led to the automobile accident that caused the death of your mother.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.

Car Accidents & Wrongful Death, Protecting the Rights of the Deceased

By: Shelly Leeke

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