Greenville, South Carolina, faces a distressing number of wrongful deaths each year. Whether due to leading the state in deadly car crashes caused by negligent drivers, dangerous workplaces, or medical malpractice, these tragic incidents are often preventable.
Suppose you have recently lost a loved one in such an accident. In that case, you need the support and guidance of a sympathetic Greenville wrongful death lawyer at the CEO Lawyer Personal Injury Law Firm.
We understand the profound emotional toll an untimely loss can have on you and your loved ones. Our neighborhood Greenville office aims to give you strong, compassionate legal representation so you may get through this trying time and heal with dignity.
You don’t have to handle the aftermath of an unexpected death on your own. We are here to support you in any situation!
How Our Greenville Wrongful Death Accident Attorneys Can Help You?
Having knowledgeable legal counsel is essential while pursuing a wrongful death claim. Our compassionate wrongful death attorneys in South Carolina can help you through:
- Investigating the mishap, injury, or illness events and establishing liability.
- Hiring expert witnesses, such as accident reconstruction experts, for car accident cases.
- Recognizing and interviewing potential witnesses.
- Collecting and preserving important case proof.
- Gathering and assessing essential medical records.
- Negotiating with the insurance company.
- Negotiating with defense counsel.
- Filing a lawsuit in a district or federal court.
- Obtaining sworn statements and conducting depositions.
- Representing you in mediation and/or arbitration proceedings.
- Drafting and filing legal briefs and other court documents.
- Assuring compliance with the Statute of Limitations and other critical deadlines.
- Presenting your case at trial before a judge or jury.
- Employing in pre-trial negotiations.
It can be challenging, time-consuming, and emotionally exhausting to pursue a wrongful death lawsuit.
You don’t need to face this obstacle by yourself.
We empathize with your position and possess the knowledge and expertise to assist you in obtaining the justice you and the departed are due.
What to Anticipate During Your Consultation with Our Greenville Wrongful Death Law Firm?
When you consult with a seasoned wrongful death lawyer, expect a comprehensive evaluation of your case. Your lawyer will pose several critical questions to understand the circumstances thoroughly:
- What are the details surrounding the incident that led to your loved one’s death?
- Was there a period between the incident and their passing?
- What reasons do you have to believe that negligence contributed to their death?
- Can you provide any documentation or evidence that supports your claim?
- Were there witnesses who observed the incident?
Our effective wrongful death attorney will prioritize collecting all relevant details from you right from the start to construct a strong legal argument using the evidence you provide. As evidence and memories can fade over time, it’s important to document what is immediately available and strategize to gather more as needed.
Prompt action is important in such cases. Bringing any available information or evidence to your initial meeting will significantly assist in evaluating and advancing your claim.
Our law firm is committed to thoroughly understanding the specifics of your situation and offering the necessary support during this challenging period. Please reach out to schedule a detailed consultation to explore how we can assist you in pursuing justice for your loved one.
What Is a Wrongful Death Lawsuit?
In Greenville, wrongful death claims are permissible when the negligence, misconduct, or wrongful act of another individual or entity causes a person’s death. These lawsuits, sometimes referred to as accidental death lawsuits, are designed to compensate the deceased person’s family for their loss.
This includes the financial and emotional support the deceased would have provided.
Wrongful deaths can occur due to the negligence, carelessness, recklessness, or willful actions of others, whether from traffic accidents, medical malpractice, or other causes. These legal actions aim to hold the responsible parties accountable and provide some measure of justice and relief to the grieving family.
Six Types of Wrongful Death Cases We Handle
Six typical accident scenarios can occasionally result in a wrongful death lawsuit. For a quick explanation of each of these accident categories, keep reading.
Car Accidents
Every year, car accidents claim over 300,000 lives globally, leaving survivors and families grappling with extensive medical bills and reduced household incomes. These incidents often arise from various factors, including:
- Speeding
- Reckless driving
- Distracted driving
- Road conditions and construction
- Vehicle defects
- Drunk driving
Truck Accidents
Distinct from car accidents due to the sheer size and weight of trucks, these accidents pose a higher risk of severe injury or death. Common causes include:
- Driver errors, such as fatigue and failing to signal
- Aggressive driving
- Adverse driving conditions
- Overweight loads
- Mechanical defects
- Truck company negligence
- Intoxication
Motorcycle Accidents
Motorcycles are less visible to drivers, which can lead to severe accidents. Contributing factors often include:
- Drivers not noticing motorcycles
- Road hazards
- Major injuries such as brain and spinal injuries, burns, or fractures
Medical Malpractice
Although most medical professionals deliver competent care, errors can lead to tragic outcomes. Common malpractice issues include:
- Birth injuries
- Misdiagnosis or delayed treatment
- Surgical and pharmaceutical errors
- Defective medical devices
Defective Products
Manufacturers are expected to ensure the safety of their products. Fatal accidents can result from defects in:
- Pharmaceuticals
- Food products and containers
- Childcare products and toys
- Vehicles
Workplace Accidents
Workplace safety is important, yet accidents still occur across various industries, leading to wrongful death claims related to:
- Repetitive motion injuries
- Manufacturing mishaps
- Transportation accidents
- Exposure to hazardous materials like asbestos
How Wrongful Death Cases Work in Greenville?
At the CEO Lawyer Personal Injury Law Firm in Greenville, handling a wrongful death case is conducted with expertise and compassion. When a loved one’s life is lost due to someone else’s negligence, the first step for the executor of the estate—either designated in the will or appointed by the state if no will exists—is to consult with an experienced wrongful death attorney.
This initial consultation helps to understand the legal rights and options available. Following this, the wrongful death case is typically filed against the at-fault party, often through the responsible party’s insurance company.
Building a strong case is crucial and involves gathering all available evidence, possibly supplemented by insights from expert witnesses.
The next phase focuses on negotiating a just settlement with the insurance company to cover the full range of damages. If these negotiations do not result in a fair settlement, the case may need to move to trial.
Throughout this process, our firm’s dedicated wrongful death attorney will advocate eagerly to secure rightful compensation and justice for the loss suffered. Suppose you are facing the aftermath of a wrongful death. In that case, we encourage you to contact us at the CEO Lawyer Personal Injury Law Firm for a consultation to discuss how we can support you through this challenging time.
Statute of Limitations on Greenville Wrongful Death Claims
Sometimes, the only way to recover our clients’ full range of damages is through litigation. Like other states, Greenville imposes a deadline on how long we must file a lawsuit against the liable party in wrongful death cases.
According to South Carolina state law (§15-3-530), we have three years to take action. This timeframe starts on the date your loved one passed away.
The court will likely bar us from taking any legal action if we do not file a lawsuit before this deadline. Therefore, it is crucial to contact us as soon as possible if you believe you may have a valid wrongful death claim.
Our Greenville Wrongful Death Accident Lawyers are here to help you guide this process and protect your rights. Don’t hesitate to call us right away to discuss your case.
What Must You Prove to Bring a Wrongful Death Case?
In Greenville, you need to prove several important points to bring a wrongful death case:
A Death Occurred Due to Negligence:
You must demonstrate that your loved one died and that the negligence or recklessness of another party caused their death. This negligence must be the direct cause of your loved one’s death.
Surviving Family Members:
The person who died must have surviving family members. In Greenville, wrongful death cases are filed on behalf of the decedent’s surviving family members, including their spouse, children, parents, or siblings.
Actual Monetary Losses:
The surviving immediate family members must have suffered actual monetary losses due to the death. This includes the financial contributions the loved one made to the household and to support the survivors.
Additionally, the survivors can recover the value of the services, society, and comfort the decedent would have provided had they lived. This can include work performed at home, the provision of physical and emotional comfort, and companionship in general.
At the CEO Lawyer Personal Injury Law Firm, we are committed to helping you steer the complexities of a wrongful death case and ensuring you receive the compensation you deserve. If you believe you have a wrongful death claim, contact us to discuss your case and how we can assist you.
Who Can File a Wrongful Death Claim in Greenville?
In Greenville, the decedent’s surviving family members do not directly initiate a wrongful death lawsuit. According to the South Carolina Code of Laws § 15-51-10, the executor or administrator of the victim’s estate must file the claim.
Executor Named in the Will:
If the decedent has a will, the executor named in the document is responsible for filing the claim.
No Will or Executor Unable to Serve:
If the decedent has no estate plan or the appointed executor cannot (or does not want to) serve, the court may assign this duty to another person. While the executor or administrator is responsible for initiating the wrongful death case, the damages recovered will be distributed among the decedent’s surviving family members.
Those eligible to recover compensation in a Greenville wrongful death suit include:
- The decedent’s surviving spouse and children
- The decedent’s surviving parents, if there is no spouse or children
- The decedent’s surviving heirs, if there are no parents, spouse, or children
Damages Available in a Greenville, SC, Wrongful Death Action
A successful wrongful death settlement can provide compensation for both the financial and emotional losses suffered by the family. This may include:
Economic Losses
- Medical bills: Covering the cost of medical care provided before death.
- Lost wages: Compensation for the income lost from the time of injury until death.
- Lost future income and benefits: The projected earnings and benefits the deceased would have provided.
- Accident-related property damages: Costs for any property damage resulting from the incident.
- Out-of-pocket expenses: Any additional expenses incurred due to the accident.
- Loss of household support: The cost of services the deceased would have provided, such as childcare or yard work.
Emotional Losses
- Loss of companionship: The absence of the deceased’s presence and companionship.
- Loss of guidance and support: The emotional and practical support the deceased would have given.
- Pain and suffering: The emotional pain and suffering experienced by the family.
- Mental anguish: The distress and mental suffering caused by the loss.
- Funeral and Burial Costs: Funeral and burial expenses may be covered through a wrongful death action in Greenville. These costs can also be recovered through a survivorship action. However, it’s important to note that you can only collect these damages through one legal action, not both.
- Punitive Damages: In some cases, punitive damages may be recoverable in a Greenville, SC, wrongful death action. A judge may award punitive damages if the party responsible for your loved one’s death acted intentionally or with extreme recklessness. These damages are intended to punish the negligent party and are awarded in addition to compensatory damages.
Contact Our Greenville Wrongful Death Accident Lawyers Today!
Experiencing the loss of a loved one due to negligence or misconduct can be profoundly distressing and leave a significant financial impact on your family. However, you are not alone in navigating this hardship.
Our team of experienced wrongful death attorneys in Greenville offers empathetic support and expert legal counsel during these challenging times.
We deeply understand the emotional turmoil you are facing and are committed to fighting for justice on behalf of your loved one. Suppose you are considering a wrongful death claim or have questions about your legal rights and choices. In that case, our skilled attorneys are ready to guide you through every step of the legal journey, ensuring your family receives the compensation and peace you deserve.
Call our Greenville office today at (864) 664-3865 for your free consultation, as our team members are available 24/7 at your service.
FAQs:
- What evidence is needed to prove a wrongful death claim?
To prove a wrongful death claim, you need to establish that your loved one’s death was caused by another party’s negligence or wrongful conduct. This involves gathering evidence such as medical records, accident reports, witness statements, and expert testimony. Your attorney will help collect and present this evidence to build a strong case.
- How can a wrongful death attorney help me through the legal process?
A wrongful death attorney can guide you through every step of the legal process, from investigating the circumstances of the death and gathering evidence to filing the claim and negotiating with insurance companies. They will represent you in court to seek the compensation you deserve if necessary. Their expertise and support can help relieve the burden on your family during this tough time.
- What types of damages can be recovered in a wrongful death lawsuit?
In a wrongful death lawsuit, you can recover economic losses such as medical bills, lost wages, lost future income, and out-of-pocket expenses. You can also claim emotional losses, including loss of companionship, guidance, and support, as well as pain and suffering. Funeral and burial costs may be covered, and in some cases, punitive damages may be awarded if the at-fault party acted with extreme recklessness or intentional misconduct.
