It is devastating when you lose a loved one in an accident caused by someone else’s negligence or otherwise wrongful conduct. While no amount of money can bring your loved one back, South Carolina law allows certain surviving family members of car accident victims to recover compensation for their losses.
While some wrongful death cases go to court, most settle out of court. If you have recently lost someone you love in a car wreck, here are some things you should know about wrongful death car accident settlements.
The Insurance Company is Not On Your Side
The first thing you should be aware of is that the insurance company is not on your side. Auto insurance companies are in the business to make money, and they do so by collecting premiums every month and paying out as little as they can on claims. For this reason, they will try to settle your case for as little as possible. Some of the ways they may try and get you to settle for less include:
- Making a low initial offer
- Suggesting that you should not retain a lawyer
- Misrepresenting the value of your losses
- Misrepresenting the losses for which you can recover
- Not disclosing the full amount of insurance coverage available for your loss
Because the insurance company is under no legal obligation to settle for a fair amount, you should take everything with a grain of salt. It’s best to have retained a lawyer before you even start your claim.
An Attorney Can Protect Your Rights
The second thing you should know is that retaining a lawyer can protect your rights and ensure that you and your family obtain the compensation to which you are entitled under the law. A lawyer familiar with representing surviving family members will be able to evaluate your claim and determine how much you should expect to receive. In addition, your attorney will handle all communications with the insurance company on your behalf. If the insurance company refuses to make a fair settlement offer, your attorney may file a wrongful death lawsuit to pursue the compensation you are owed.
Call Us Today to Schedule a Free Case Evaluation
If you have lost a loved one in a car wreck, you should contact a lawyer as soon as you can. At the Bringardner Injury Law Firm, we understand how devastating it can be to lose someone you love in a wreck, and we will do everything we can to hold the responsible party or parties accountable. To schedule your free case evaluation, call our office today at 843-380-5299 or contact us online.
FAQs
How long do I have to file a claim?
Under South Carolina law, you have a deadline, called a statute of limitations, to resolve the claim or file a lawsuit. The deadline varies depending on the type of case and the specific facts and circumstances. A wrongful death lawyer can help you determine the applicable statute of limitations.