Losing a loved one in an accident is a heartbreaking experience that can leave families facing emotional pain and financial challenges. Knowing what compensation may be available for victims’ families after a truck accident can offer some relief and help you regain stability.
Through a wrongful death claim, families may be eligible for damages such as medical and funeral expenses, loss of income, and compensation for emotional suffering.
Charleston fatal truck accident lawyers can guide you through this difficult time by helping you understand your rights and identifying the compensation you may be entitled to.
Wrongful Death Claims
When a person dies due to someone else’s negligence, their family can file a wrongful death claim. In the context of truck accidents, this often means proving that the truck driver, trucking company, or another party acted carelessly or irresponsibly, leading to the fatal collision.
Common causes include distracted driving, speeding, fatigue, improper truck maintenance, or even improperly loaded cargo that makes the truck unstable. These accidents are often preventable, making it crucial to hold negligent parties accountable.
To win a wrongful death case, you must show that the defendant (the party being sued) owed a duty of care, breached that duty, and that this breach directly caused the death. Evidence such as accident reports, maintenance records, and eyewitness testimony often plays a key role in proving these claims.
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Types of Compensation Available to Families After a Fatal Truck Accident
If a wrongful death claim is successful, the court may award several types of damages to the family of the victim after a fatal truck accident. These damages aim to address both the financial and emotional impact of the loss.
Economic Damages
Economic damages compensate for financial losses that can be clearly measured. Examples include:
- Medical Expenses: Costs incurred from the deceased’s medical care before their passing
- Funeral and Burial Costs: Expenses associated with the funeral, burial, and related arrangements
- Lost Wages: Compensation for the income the deceased would have earned over their lifetime, including salary, wages, and benefits
- Loss of Benefits: Recovery for lost health insurance, retirement savings, or pension plans that the deceased would have contributed to
- Loss of Household Services: Reimbursement for the value of services the deceased provided, such as childcare, home maintenance, or caring for other family members
Non-Economic Damages
Non-economic damages account for the emotional and personal losses that are harder to quantify. These damages include:
- Mental Anguish: Compensation for the emotional pain and suffering experienced by the surviving family members
- Loss of Companionship: Recovery for the absence of the deceased’s love, support, and presence in the family’s life
- Loss of Guidance: Compensation for the loss of the deceased’s care, advice, and mentorship, especially for dependent children
Punitive Damages
In some cases, the court may award punitive damages if the truck driver or trucking company’s actions were particularly reckless, malicious, or grossly negligent. These damages are not meant to compensate the family directly but serve to punish the at-fault party and discourage similar behavior in the future.
The Importance of Legal Representation
Pursuing a wrongful death claim after a fatal truck accident can be a complex and emotionally draining process. Trucking companies and their insurers often have significant resources to defend against these claims, which is why legal representation from a Charleston truck accident lawyer is essential.
Charleston fatal truck accident lawyers can provide support by:
- Investigating the accident: Collecting evidence, reviewing police and accident reports, and consulting with experts to determine the cause of the crash
- Identifying all responsible parties: Establishing liability, which may involve the truck driver, trucking company, vehicle manufacturer, or even a third party
- Calculating damages: Assessing both economic and non-economic losses to ensure all aspects of the family’s suffering are accounted for
- Managing insurance negotiations: Communicating with insurance adjusters and pushing for a fair settlement that fully reflects the family’s losses
- Filing a lawsuit when necessary: If settlement negotiations fail, skilled attorneys will represent the family’s interests in court to seek justice and fair compensation
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Who Can File a Wrongful Death Claim?
In South Carolina, the personal representative of the deceased person’s estate is typically responsible for filing the wrongful death lawsuit. This representative is often a spouse, child, parent, or other close family member.
A Charleston personal injury lawyer can help file a lawsuit seeking compensatory damages for the financial and emotional losses suffered by the victim’s family after a fatal truck accident.
Losing a loved one in a truck accident is a devastating experience. While no amount of money can truly compensate for your loss, pursuing a wrongful death claim can provide financial support and hold the responsible parties accountable. It also sends a message that reckless behavior will not be tolerated, potentially preventing future tragedies.
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Let Us Help You Get Results That Matter
At Miller, Dawson, Sigal & Ward, we understand the pain and challenges families face after a fatal truck accident. As Your South Carolina Injury Law Firm, we are committed to fighting for justice and helping you rebuild your lives.
We offer a no-fee guarantee, meaning you don’t pay unless we win your case. Contact The Thumbs Up Guys today for a free consultation and let us help you get the compensation you deserve.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
