Wrongful Death

Greenville Wrongful Death Lawyer

Helping Family Members Seek Compensation After Their Loss

Losing a loved one unexpectedly can be devastating, especially when it turns out that someone else’s negligence is to blame for the death. If this is the case for your family, you should consider taking legal action against the at-fault party, as you may be able to collect financial compensation through a wrongful death claim.

While monetary damages can never fully replace the loss of your loved one, compensation can help cover the costs of their loss and help facilitate the grieving and healing process for you and your family. To learn more about your legal options from a dedicated wrongful death attorney after you recently lost a family member, you should contact Morris Law to schedule a confidential consultation. Our legal team has helped many families navigate the complex issues surrounding wrongful death claims and achieve the compensation owed for the unjust loss of life. Call our South Carolina law office today to speak with a caring Greenville wrongful death attorney.

What Is Wrongful Death?

The loss of a loved one is always difficult, but when that death is caused by the negligent, reckless, or intentional acts of another, it can make the passing even more traumatic. When a family member is taken too soon in a thoughtless accident, the surviving family members of the victim are allowed to file a claim for wrongful death against those responsible for the harm caused.

South Carolina law defines wrongful death as the loss of life caused by the wrongful act, neglect, or default of another. In order to qualify as wrongful death, the victim of the accident would have been able to file a claim for personal injury if they had survived the incident. Because the deceased can no longer bring a claim of damages on their own behalf, the loved ones of the victim can file a wrongful death claim in a South Carolina court.

These wrongful death cases are also sometimes known as accidental death cases and can occur due to the negligence, recklessness, carelessness, or an intentional act of another person. A wrongful death case can arise from any number of different types of accidents, including car accidents, medical malpractice, slip and falls, workplace accidents, animal attacks, drownings, premises liability, violent criminal acts, and more.

Note that a wrongful death lawsuit is a civil case, and it does not require that criminal charges also be filed against the person or persons who caused the fatal incident. While criminal charges are helpful to prove liability in a civil wrongful death case, these claims can proceed on their own in civil court, separate and apart from any criminal case involving the liable party. If you’re unsure if you have a wrongful death lawsuit to pursue, please call our Greenville, South Carolina law firm to discuss your potential wrongful death action with our compassionate lawyers.

Who Is Eligible to File a Greenville, SC Wrongful Death Claim?

In cases of wrongful death in South Carolina, a legal claim must be brought by the executor or administrator of the victim’s estate. Oftentimes, this person is specifically named as the executor or estate administrator in the victim’s estate plan. However, if no one is listed or an estate plan does not exist, the probate court in South Carolina will appoint a person to file the claim.

The executor or administrator can file the wrongful death lawsuit for wrongful death on behalf of the victim’s surviving family members. State law allows for the surviving spouse and children to collect damages for wrongful death, or the surviving parents if no spouse or children exist. If there are no surviving or existing parents, spouses, or children, the heirs of the deceased person’s estate can then collect the wrongful death benefits in the case. A Greenville wrongful death attorney can help you navigate your case and take appropriate action for your particular circumstances.

It is important to note that South Carolina law does allow for surviving parents to collect wrongful death damages even if their child was an adult at the time of their death, so long as no surviving spouse or children exist. However, if a parent abandoned the child as a minor, that parent is not allowed to recover any compensation from a wrongful death claim, even if the child was an adult at the time of the fatal accident.

Some of the ways a wrongful death can arise include:

Whether the deceased person suffered fatal injuries due to the at-fault party’s negligent act – such as ignoring traffic laws and causing an accident – or was fatally injured during a targeted act of violence, the surviving family members may be entitled to financial support through a wrongful death action. Our Greenville wrongful death attorneys can review the circumstances surrounding the victim’s death before providing legal advice on how to seek justice, so we urge you to call our trusted law firm today for legal help.

What Damages Are Typically Paid for Wrongful Death?

Compensation for a wrongful death claim is paid in monetary damages that are meant to cover any costs associated with your loved one’s death. This could range from medical bills to funeral expenses and other related costs. The purpose of this type of legal action is to ensure the grieving family does not have to go into debt or work overtime to pay for any costs they may face after the victim’s death, so your skilled Greenville wrongful death lawyer will work hard to get you the financial compensation you need.

In most cases, eligible family members can expect to get a mix of economic and non-economic damages from the wrongful death lawsuit they file. They may include:

  • Burial costs
  • Funeral expenses
  • Medical expenses related to the deceased’s final illness or injuries
  • Lost wages and future benefits that the family was depending on
  • Property damage and other financial damage associated with the loss
  • Emotional distress
  • Mental anguish
  • Pain and suffering
  • Loss of the deceased person’s experience, knowledge, judgment, care, companionship, and protection

A trusted Greenville wrongful death lawyer can calculate these losses to help you get a fair settlement from the at-fault party and their insurance company. You might also be entitled to punitive damages, depending on the circumstances of your loved one’s wrongful death.

Also known as exemplary damages, punitive damages are usually only available in the most egregious cases of wrongful death, in which the actions of those responsible were so deliberate or reckless that they deserve additional punishment. This type of compensation goes above and beyond the normal compensatory damages and is meant to punish the wrongdoers for their behavior as well as serve as a deterrent to others who may consider similar behavior.

Keep in mind that punitive damages are uncommon in a wrongful death action, so it is important to consult with your Greenville, SC, attorney about the chances of receiving exemplary damages in your case. Call our personal injury firm today to learn how we can help you recover financially through a wrongful death action.

What Is the Legal Process of Filing a Wrongful Death Claim in Greenville, South Carolina?

The first and most important step in filing a wrongful death action is to seek the advice of an experienced wrongful death attorney in South Carolina. A skilled attorney will protect your rights to financial compensation and handle all aspects of the legal case so that you and your loved ones can properly grieve your loss without worrying about money or complicated legal matters.

The law in South Carolina only provides the family of a victim of wrongful death a small window in which to file a claim for damages. Known as the statute of limitations, the next step in a wrongful death case is making sure that the case is filed within three years of the date of the deceased person’s death. That window is limited to two years if the death was caused by a government entity. An experienced Greenville, SC wrongful death attorney can ensure that your claims are filed timely and properly with the courts.

Be sure to gather evidence and documentation of the accident for your attorney so that you can present the best possible argument to recover damages. This includes all receipts for costs associated with the loss, police and accident reports, medical records, insurance policies, and more. Your Greenville, South Carolina lawyer can help collect these if you don’t have them, and they can also add up the amount you should recover for your emotional distress, mental anguish, loss of companionship, and other damages.

During the next step in your wrongful death lawsuit, your Greenville, South Carolina attorney will negotiate with the insurance company for a settlement. If they do not offer full and fair compensation, then your attorney will take your case to court. Given the legal complexity of the case, a wrongful death claim can be settled in as little as a few weeks or can go on for years, but you must be careful about the information you share with the rest of the world at this time. Call our personal injury law firm today if you have questions about what to do when you want to hold the guilty party accountable for your loved one’s death and collect the financial compensation you and your family deserve.

How Can Greenville Wrongful Death Attorneys Help with Your Case?

At Morris Law, we understand the need to seek justice after losing a loved one due to another party’s negligence. Surviving families often face medical expenses, funeral expenses, emotional suffering, lost wages, and other overwhelming costs as they grieve. We don’t believe they should have to suffer these consequences alone, which is why we work hard to ensure the responsible party is held financially accountable.

Contact Our Experienced Wrongful Death Lawyer Today

Whether you lost a loved one in a truck accident, a slip and fall accident, an animal attack, a violent act, or any other devastating incident, you deserve legal guidance from a caring wrongful death lawyer in Greenville, SC. Our team will help you navigate your case from start to finish, ensuring you know what to expect during every step and allowing you to get the maximum compensation from the liable party. If you’re ready to discuss your legal options with compassionate, trusted lawyers, call Morris Law at 864-865-0068 to schedule an initial consultation with our team.

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