A Rock Hill auto service company has been named as a defendant in a wrongful death suit. Two South Carolina residents were critically injured when the tread of one of their car’s tires separated, causing an accident resulting in extensive injuries to the passenger and death to the driver. The tires were made by Continental Tire company. Interestingly, this claim has a local connection, as a Rock Hill auto mechanic is being blamed for not inspecting the tires properly before installing them on the victims’ vehicle.
When you think of wrongful death, you may have images of someone being hurt by another driver. Perhaps a truck ran a red light and crashed into another car injuring the person. That is definitely one type of potential wrongful death case. But wrongful death cases are much more involved than simply filing a claim against the driver. An experienced attorney will look at every aspect of your case to determine whether liability extends to other parties involved in the situation. In this local case, the individuals who put the tires on the car are allegedly negligent because they failed to do their job properly. It was their job to make sure that reliable tires were placed on the vehicle.
Who Is at Fault?
Not only are you able to sue the negligent driver in an accident, but you may also be able to sue other negligent parties and include them in the lawsuit. If you do not do this, you may be missing a key aspect of your case. The above principle applies in other situations besides motor vehicle accidents. In all types of cases that lead to death, the process is much more complicated than simply filing a lawsuit against the person who may have done it. All aspects of the case must be taken into consideration in order to provide the proper avenue for achieving justice for the victim.
South Carolina Rules
In South Carolina, there is a three-year statute of limitations in which to file a wrongful death lawsuit. Furthermore, typically a wrongful death case is filed by the executor or administrator of the deceased victim’s estate. Unfortunately, in these sad cases, the victim is no longer with us. In South Carolina, the surviving spouse and children of the deceased along with the surviving parents of the deceased and some other heirs may potentially be able to recover damages for the wrongful death of their loved one.
The Value of a Life
It is difficult to quantify the life of a victim into a number or a dollar amount. However these are the only types of damages in South Carolina that one can recover for wrongful death. It is possible to seek compensation for damages including funeral expenses, medical bills, lost wages and other employee benefits, loss of consortium, pain-and-suffering, and other types of property damage as well. In some types of cases, one may seek punitive damages. These damages are meant to punish the wrongdoer and deter future conduct.
Experience and Compassion at the Elrod Pope Law Firm
Wrongful death cases are extremely complicated and also extremely sad. Someone’s life has been taken, at our law firm we understand the emotional impact this can have on you and your family. We are here to help you and guide you each step of the way to seek justice for your loved one. Our lawyers have dozens of years of experience handling these types of cases. You have enough on your mind dealing with the grief and loss. Let us fight for you and for the memory of your loved one. Please contact our experienced Rock Hill auto accident lawyers today to discuss your options in a potential wrongful death case.
Thomas E. Pope is a Personal Injury, Wrongful Death, and Medical Malpractice Attorney who practices in Rock Hill, Lake Wylie, and Lancaster, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 31 years now. Thomas E. Pope believes in protecting the injured. Learn more about his experience here.