Fatal Car Accident Next Steps

Losing a beloved family member or close friend is painful enough. However, losing a family member or close friend after a serious fatal car accident involving wrongful death is especially difficult.

Maybe you missed the opportunity to say goodbye or embrace in one last hug. Perhaps your family member or friend survived the crash but passed away a few days later after experiencing terrible injuries or pain?

In any event after a serious or fatal car wreck, you will have questions as to what is next. What are the next steps after a family member or friend dies in a motor vehicle crash? I hope to address some of these questions in this blog post. Every case is unique and different and cases are usually not handled in the exact same manner. If you need more answers or have more questions, feel free to reach out to me and let’s talk by tapping the button below

Choosing the Right Lawyer

The first fatal car accident step is to reach out to a lawyer, like me, who handles serious and fatal car wreck cases in Greenville, SC and all over the Upstate of South Carolina. I can represent you or your family in any court in the State of South Carolina. When you call me, I can set up a free consultation for you to come and meet with me. If you prefer, I can travel to meet with you.

Before your free consultation with me, you will need to begin gathering documents, including automobile insurance documents. Did your loved one leave behind a will? If so, I will need to see the will.

You will be contacted by either the South Carolina Highway Patrol or other law enforcement agencies. They will provide you with a report, which you should keep. The report contains information that will be used to begin the investigation of your case. You may also want to get the officer’s name and cell phone contact number as well. Bring the documents that you have to your meeting with me.

To learn more about searching for the right lawyer for your case, tap the button below.

Finding the Right Lawyer

Worry about your Family, not Attorney’s fees

When you come to meet with me to speak about the case, you can hire me at that time to represent the Estate in the case. There is no upfront payment to retain the service of my law firm. I handle fatal car wreck cases on a contingency fee agreement, which means you do not pay any attorney’s fees or case costs unless and until there is a financial recovery in the case. Bring all the documents you have to the consultation with me.

After being retained by you, I can immediately begin an investigation. I will visit the accident site to take photographs and document other parts of the crash scene that will be very valuable later on in the case. I, or investigators working for me, can also immediately track down important witnesses to speak about the case, while the events of the crash are still fresh in their memory.

Next, you will need to begin the probate process. There may be some legal questions as to who exactly will be the personal representative of the family member’s Estate. If necessary, I can assist and advise you as to who will serve as the personal representative of The Estate and other questions you have about the probate process.

Dealing with Insurance Matters

An insurance adjuster will likely attempt to contact you soon after the crash.

First obtain the adjuster’s name, telephone number, and most importantly, the insurance claim number.

Next, politely explain to the adjuster that you’re not in a position to talk at this time and your attorney will contact the adjuster at a later date. You will need to bring me the adjuster’s name, claim number and contact information. Speaking with the insurance company adjuster about accident details and giving recorded statements without your attorney is a bad idea.

After I have been retained, I will inform the insurance company in writing that I represent you in the case and for the insurance company to contact only me about the case. From there, I will handle communications with the insurance company regarding the case. Any property damage claims may be able to be handled with the insurance company by the personal representative. But do not attempt to do so without first discussing the situation with the attorney.

Next, the probate process must be started. An Estate will need to be opened with the Probate Court. After the Estate is opened, a personal representative of the estate will need to be appointed. Once the personal representative of the Estate is appointed, I will then begin gathering the medical records in the case.

Once the medical records come in, I will begin a thorough review. In the meantime, I will also be gathering other records from EMS Ambulance, any recordings of 911 calls, the Coroner’s Office, the Medical Examiner’s office, and other government agencies. These agencies will have relevant records in the case that will help me assess the case in order to give you a thorough case analysis. Also, I will reach out to the insurance companies to begin the claims process.

Should you order an autopsy for your loved one after a fatal car accident?

That is a question that must be answered on a case-by-case basis. After I have been retained by you, I can give you my legal opinion as to whether you should have an autopsy done. However, time is of the essence in situations involving autopsies and you must reach out to me quickly so that a good decision can be made.

I will investigate the case and determine the likely value of the case, as well as the available insurance coverage, and then advise you during the negotiation process.

If we are not able to reach a satisfactory settlement, we can then discuss the litigation process and your likely chances of success in court. Because no lawyer can guarantee an outcome in any given case, I strive to put my clients in a position for a best-outcome scenario in their case.