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Shelly Leeke Law Firm, LLC

Automobile Accidents & Wrongful Death: When “I didn’t mean to” Isn’t Good Enough

When you lose a loved one in a tragic automobile accident, the sense of loss can be overwhelming. And the fact that someone else, a careless or reckless driver, is responsible for your loved one’s death makes it harder for you to find peace. You may be entitled to compensation for the wrongful death. Because of the driver’s actions, intentional or not, your loved one is no longer able to speak or act for him or herself. But you can ensure the person responsible is held liable for his poor driving with a wrongful death lawsuit.

Wrongful death is an action brought to civil court by a deceased’s family members, often a surviving spouse, mother, father, or car accident deathchildren. By filing wrongful death against whomever caused the death of your loved one in a car accident, you are able to stand up for his or her rights even after an untimely death.

Filing a wrongful death civil suit because of an automobile accident is different than the criminal prosecution of someone for your loved one’s death. They are separate matters handled by different judges and juries. If someone is found guilty in criminal court of reckless driving which resulted in the death of your loved one in an automobile accident, he can also be found civilly liable for the death.

Someone does not have to be found guilty on criminal charges to be held financially liable in a wrongful death case.

For example, your spouse was tragically killed by another driver who ran a stoplight. At the scene the driver was arrested for drunk driving. In order to avoid that charge, the driver pleads no-contest to lesser charges, such as driving without a license and failure to obey traffic signals. Although not convicted of drunk driving, 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 spouse.

Every death and automobile accident is different. In order to defend your rights and the rights of your deceased loved one the best thing to do is to talk to your Charleston wrongful death lawyer. In order for a lawyer to understand the entire situation, consider gathering important documents before your initial meeting. A skilled legal professional will be able to guide you through the steps of a wrongful death lawsuit and help you receive compensation from those responsible for your loved one’s death.


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Shelly Leeke
South Carolina Injury Lawyer

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