Wrongful Death in Greenville: A Lawyer's Guide for Grieving Families

Our Greenville Wrongful Death Lawyer Answers Your Questions

The accident that killed your loved one never should have happened. Your spouse, child, or parent should’ve kept living. As you navigate these days of intense grief, it can be challenging to also know how to navigate the legal and financial implications of your loved one’s death.

You don’t have to do it alone. You don’t have to wonder if you are taking the right steps or doing the right thing.

An experienced Greenville wrongful death lawyer at Derrick Law Firm Injury Lawyers can determine if you have a case worth pursuing, and if you do, work hard to hold the person who killed your loved one accountable and get your family fair financial recovery.

What Is Wrongful Death in South Carolina?

In South Carolina, wrongful death is the loss of life caused by someone else’s "wrongful act, neglect, or default.” It is a legal claim that allows the administrator or executor of the deceased person’s estate to bring a civil lawsuit for the financial benefit of the deceased person’s family.

Duty of care. The plaintiff must prove that the defendant owed a duty of care to the person who died. This means the defendant had a legal obligation to act reasonably to prevent harm to others.

Breach of the duty of care. As the plaintiff, you must prove that the defendant breached or violated their duty of care through negligent, reckless, or intentional actions.

Causation. The defendant's breach of the duty of care directly caused the death of the individual.

Damages. The estate must prove that the person’s death caused financial or emotional damages.

Wrongful death cases are not criminal cases. Therefore, the standard of proof in a wrongful death case is based on a "preponderance of the evidence," meaning that the evidence must show that it is more likely than not that the defendant's actions caused the death.

Types of Wrongful Death Accidents

Here are some common types of accidents that may lead to a wrongful death claim in Greenville:

Regardless of the type of accident, if the death was caused by another party's negligence or intentional wrongdoing, the estate may have grounds for a wrongful death lawsuit.

How Does a Wrongful Death Lawsuit Work?

You’ve likely never filed a wrongful death case before. We understand that you want to know what to expect. While every case is unique, many claims include:

A consultation with a wrongful death attorney. The first step is to contact an experienced wrongful death lawyer in Greenville. We will evaluate the circumstances surrounding your loved one's death and advise you as to whether you have a case.
Investigation. If we take your case, we will conduct a thorough investigation to gather evidence to support your claim. Evidence may include police reports, accident reports, witness statements, medical records, autopsy reports, expert testimony, and more.
Filing the wrongful death lawsuit. If a settlement cannot be reached an attorney may file a formal complaint with the court, outlining the facts of the case, the legal grounds for the claim, and the damages sought.
Discovery. During the discovery phase, both parties may exchange relevant information and evidence through requests for documents, interrogatories (written questions), and depositions (sworn testimony).
Settlement negotiations. In many cases, the parties may attempt to reach a settlement agreement through negotiations before trial. An attorney can advise you whether to accept a settlement offer or proceed to trial.
Trial. Your case may go to trial if a settlement cannot be reached. An attorney will present evidence, question witnesses, and make arguments to convince a judge or jury of the defendant's liability.
Verdict and judgment. If the court finds in your favor, a judgment will be rendered, specifying the amount of damages to be awarded.

Your wrongful death attorney will serve as your advocate throughout the process. We will handle all legal proceedings and negotiations, allowing you to focus on healing and moving forward.

Time Limit to File a Wrongful Death Case

In South Carolina, there is a specific time limit, known as the statute of limitations, for filing a wrongful death lawsuit. This time limit ensures that claims are brought promptly while evidence is still available and memories are fresh.

The statute of limitations for wrongful death claims in South Carolina is typically three years from the date of the deceased person's death. This means that the lawsuit must be filed within three years of the date of death, or the claim may be barred, and the surviving family members may lose their right to recover damages. There are also some exceptions and you do no thave to wait that long to consult an attorney.

It can be crucial to act promptly and consult with a Greenville wrongful death attorney as soon as possible after the loss of a loved one. While three years may seem like a long time, the investigation and preparation of a wrongful death case can be complex and time-consuming, and delays can jeopardize the chances of success.

What Can I Recover in a Wrongful Death Lawsuit?

A successful wrongful death lawsuit in Greenville, South Carolina, may allow for surviving family members to recover some or all of the following damages:

Economic Damages

Medical expenses incurred by the deceased before their death for treatment of the final injury or illness
Funeral and burial costs
Loss of the deceased's expected future earnings and benefits
Loss of the deceased's services and contributions to the household
Loss of the deceased's inheritance or expected financial support for beneficiaries

Non-Economic Damages

Mental anguish, grief, and emotional distress suffered by the surviving family
Loss of the deceased's companionship, guidance, care, and protection
Loss of the deceased's consortium (for a surviving spouse)

Punitive Damages

If your loved one died because of someone else’s extreme negligence or intentional misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

An experienced Greenville wrongful death attorney can help evaluate the evidence, present arguments, and fight for fair compensation in such cases.

How Wrongful Death Damages Are Distributed in South Carolina

South Carolina law explains which surviving relatives can recover damages in a wrongful death lawsuit.

First, the surviving spouse and children can recover damages.
If there is no surviving spouse and there are no surviving children, then the parents of the person who died may recover damages.
Finally, other heirs may recover damages if there are no surviving parents, children, or spouse.

Why Do I Need a Wrongful Death Attorney?

You are under enough stress as you mourn the loss of your loved one. A Greenville wrongful death lawyer at Derrick Law Firm Injury Lawyers:

Has experience. Your loss is unique, and your loved one will be the focus of your wrongful death case. We understand South Carolina wrongful death law and have helped other families recover compensation for their losses.
Can investigate and gather evidence. We have the resources and experience to investigate varies types of accidents in order to gather and analyze all relevant evidence.
Negotiate. We know how to negotiate with insurance companies—even in complicated and high-stakes cases. Insurance companies often try to minimize settlements, and we work to diligently in an effort to prevent this for our clients.
Represent you in court. If your case goes to trial, a wrongful death attorney can present your case to a judge or jury, cross-examine witnesses, and argue for the compensation you deserve.

While you have the legal right to represent yourself in a wrongful death case, you don’t have to take on the legal and emotional challenges of a wrongful death lawsuit while you grieve and care for your family. You deserve the help of an experienced Greenville wrongful death lawyer who can guide you and protect your rights.

How Do I Choose a Greenville Wrongful Death Lawyer?

Choosing the right Greenville wrongful death lawyer is a crucial decision. As you decide, we encourage you to think about:

Experience. Wrongful death cases are different than personal injury cases. Our lawyers have experience with wrongful death claims.
Reputation. While past results do not guarantee future results, we encourage you to read our wrongful death client testimonials. One of our clients, M.R., said this about working with us, “We had a wonderful experience working with them. They're caring, professional and honest. The whole team was wonderful! We appreciate all they've done for our family."
Communication and accessibility. You will need to communicate regularly with your lawyer throughout the legal process. Choose an attorney who is responsive, accessible, and committed to keeping you informed and addressing your concerns promptly.
Contingency fee structure. Our wrongful death lawyers work on a contingency fee basis, meaning they only get paid if they secure a settlement or verdict in your favor. Understand the contingency fee percentage and any additional costs or expenses you may be responsible for.

Along with qualifications and experience, choosing a lawyer with whom you feel comfortable working is also important. Trust your instincts and select an attorney who makes you feel confident and at ease throughout the legal process.

We are Proud To Serve Personal Injury Clients Throughout South Carolina

With nine office locations in Myrtle Beach, North Myrtle Beach, Conway, Murrells Inlet, Florence, Mt. Pleasant, North Charleston, Charleston, and Greenville and over 30 years of experience with personal injury cases, Derrick Law Firm Injury Lawyers has the knowledge, skill and experience to protect you and your family.

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