When an auto accident caused by the negligence of a driver causes physical injuries or property damage, there exists a personal injury claim to recover compensation for the losses suffered. When an auto accident caused by the negligence of a driver causes a death, there exists a wrongful death for the loss of the wrongfully killed person’s life. Both the former and latter scenarios played out tragically in Greenville, South Carolina when a Canadian national killed a mother of three while driving under the influence and going the wrong way on I-385. The 27-year-old man pleaded guilty to three counts of felony DUI resulting in great bodily injury, and one count of felony DUI resulting in death. The man will serve 10 years, reduced from an initial 25-year sentence, in the South Carolina Department of Corrections.
Both personal injury and wrongful death claims may be asserted by the three children for their respective injuries and for the death of their mother. With regard to personal injury claims, these would be made in the civil justice system. While the Canadian man has already been punished with a sentence of prison time, this was done in the criminal justice system. Claims may also be filed in the civil context, as long as they are brought within the statute of limitations – the window of time in which a claim may be filed. In order to pursue a successful personal injury claim, the three children must prove that their injuries were the result of the man’s negligence or recklessness. The fact that the man pleaded guilty to multiple counts of felony DUI in the criminal justice system would support such a claim, with the man’s driving while under the influence being the breach of the duty of safe driving that caused the accident and injuries. The criminal justice convictions would be equally useful in the filing of a wrongful death claim in the civil context. Because the three children are close relatives of the deceased, South Carolina law allows them to bring a wrongful death claim against the drunk driver to seek compensation for any medical expenses and funeral costs for the deceased, as well as for the loss of financial and emotional support they received from their mother.
What To Do If You Have Been Involved In A Car Accident In South Carolina
Moving on from an auto accident can be an extremely difficult ordeal, especially when there have been serious injuries or even a death. To recover the maximum compensation you are entitled for any physical injuries, property damage, medical expenses, and pain and suffering you have experienced, contact a South Carolina auto accident attorney. If you have been injured or a loved one has been killed as a result of another’s wrongful conduct while behind the wheel, reach out to a skilled, compassionate lawyer at the Dan Pruitt Law Firm. While we can’t undo the wrong that has been visited upon your family, we will work to seek justice.
Dan Pruitt is a Personal Injury Attorney who practices in Greenville, SC. He graduated from University of Georgia, and has been practicing law for 25 years. Dan Pruitt believes in fighting for the injured. Learn more about his experience by clicking here.