A woman has been charged with felony DUI after a fatal accident in Berkeley County that left a motorcyclist dead last week. 20-year-old Shelbie Lynn Smith of Mint Hill, North Carolina, was charged with felony DUI, simple possession of marijuana and open container in a motor vehicle. According to accident reports, Smith’s car collided with a motorcycle driven by 30-year-old Lonnie Lee Ewan, of Ladson, on Treeland Drive. Ewan was pronounced dead at the scene. Ewan died from head and body trauma and was not wearing a helmet.
Felony DUI is a criminal charge. Regardless of conviction of the criminal charge, the family of the victim will have cause to file a wrongful death lawsuit.
What is Wrongful Death?
A wrongful death lawsuit claims that the victim was killed as a result of negligence on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct. Clearly the charge would indicate fault on behalf of the accused, but we she remember she is consider innocent until proven guilty of the criminal charge. A personal injury lawyer experienced in wrongful death lawsuits would be able to advise the victim’s family of their legal rights.
This type of lawsuit is different from other personal injury lawsuits, which is filed by the person injured for the resulting damages. A wrongful death claim is filed by the survivors of the victim. A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death. If you lost a loved one due to another’s negligence, please consult a wrongful death lawyer licensed in that state to discuss your rights.
Charleston Wrongful Death Attorney
No amount of financial damages will bring back your loved one. Filing a wrongful death lawsuit will punish the negligent party and provide for the financial damages your family will incur due to their recklessness. There will be medical expenses, funeral costs and other expense related to the death. There is also the last earnings. Who will pay the bills? If you do file a lawsuit, how will you pay the bills until you receive compensation? These are the tough questions a wrongful death lawyer at the Clore Law Group can answer.