How to File a Wrongful Death Claim After a Motorcycle Accident in South Carolina
Motorcycle accidents have a high probability of causing death. As a result, family members of deceased loved ones may need to explore wrongful death lawsuits after motorcycle accidents in South Carolina. But what exactly is a wrongful death claim? How does it work? Is this really worth your time as you face grief, funerals, and probate? To learn more, you might want to speak with an experienced Charleston motorcycle accident attorney.
Assess Your Relationship to the Deceased Individual
Only certain individuals can file wrongful death claims. These are usually close relatives of the deceased victims, such as spouses, adult children, and parents. If you fall into one of these categories, you may be able to file a wrongful death lawsuit. Generally speaking, you may be able to file a claim if you are listed as a beneficiary in the decedent’s Will.
Other relatives may also file wrongful death claims, especially if the aforementioned relatives are unavailable. These include siblings, cousins, aunts, uncles, grandparents, grandchildren, and so on. Speak with an experienced attorney to determine whether you can file a motorcycle accident lawsuit.
Gather Evidence of Negligence
South Carolina is an at-fault state. This means that in order to successfully pursue compensation from a negligent driver, you must prove that they caused the accident. This is not always easy, and it makes sense to work alongside an experienced lawyer as you gather evidence. Your lawyer can find certain evidence while you focus on things like funerals, probate court, and so on.
Motorcycle accidents are often caused by failure to yield. For example, a left-turning vehicle might strike a motorcycle after failing to yield the right of way. In this situation, traffic camera footage could be helpful. Eyewitnesses may also testify on your family’s behalf. Police officers can also testify about what they observed at the scene of the crash.
The most effective evidence depends on what type of negligence you’re trying to prove. If the driver was distracted, phone records may show that they were texting at the time of the crash. If they were intoxicated, certain chemical tests may be more appropriate. If the driver was speeding before the crash, tire track marks may help determine their exact speed.
Assess Potential Sources of Compensation
Civil cases rarely go to trial. A more likely scenario might involve the family negotiating for a settlement with the at-fault driver’s insurance company. That being said, these negotiations are not always successful – and you may need to pursue a trial in order to obtain a verdict.
Can a Motorcycle Accident Attorney Help Me File a Wrongful Death Lawsuit?
A motorcycle accident lawyer in South Carolina may be able to help you file a wrongful death lawsuit. Although this process might seem daunting, it could be well worth the effort. Funeral expenses, lost future earnings, and emotional distress can all take a toll on families. If someone else caused your loved one’s accident, you are fully entitled to hold them accountable. To learn more, contact Mickelsen & Dalton, LLC today.
Source:
wistv.com/2025/01/01/motorcyclist-transported-by-ems-after-new-years-eve-crash-sunset-boulevard/
