Wrongful Death Attorneys In Greenville, SC

If an individual is fatally injured, the emotional toll it takes on a family cannot truly be defined. These matters come about suddenly and unexpectedly, making the reconciliation of death and grief much more difficult to overcome.

While you focus on the grieving process, it can be crucial to hire a skillful attorney to handle your wrongful death claim. Not only can we at Parham Smith & Archenhold LLC confidently pursue maximum compensation for these matters, we can do so with the level of attention to detail and thoroughness that you need on your side. Our Greenville wrongful death attorneys recover compensation for more than just funeral expenses, and we will be the steady hand to take control of the situation and help you get what you need.

In a wrongful death action, a family member appointed as personal representative of the estate files a claim on behalf of the spouse, parents, children or closest relatives who are named as beneficiaries. The lawsuit is brought in the county where the victim last resided. Damages include:

• Funeral expenses
• Medical expenses incurred prior to death
• Lost earnings over the person’s projected life span
• Compensation for loss of love, companionship, consortium and guidance
• In certain circumstances, punitive damages

In the case of a child, a retiree or a stay-at-home parent, we make a case for other services the deceased provided and focus on the non-economic damages so that the person’s life is not valued solely in terms of how much pay he or she brought home.

We move quickly in wrongful death claims, gathering evidence and investigating the matter as soon as possible to make sure that every pertinent piece of information is collected and taken into consideration regarding a claim. We hire medical experts and accident reconstructionists as necessary to establish a link between the negligence and the death. Whether the cause of death is apparent or more resources are needed to make the connection, our lawyers can build a case for you.

Greenville Fatal Accident FAQs

Our Greenville wrongful death attorneys at Parham Smith & Archenhold LLC frequently receive questions about these tragic legal cases. Below are the most common questions and answers. If you have follow-up inquiries, speak to one of our wrongful death attorneys today.

How Does A South Carolina Wrongful Death Claim Work?

In a wrongful death case, the burden of proof is on the plaintiff to show that another person or entity caused the death. The legal process for the wrongful death lawsuit includes:

• Investigating what caused the accident and pinpointing who may be liable
• Collecting evidence and related information to prove someone was negligent
• Determining the amount of losses
• Issuing a demand letter to the liable party for compensation
• Filing a wrongful death lawsuit if settlement negotiations are ineffective

Who Can File A Wrongful Death Lawsuit In South Carolina?

In South Carolina, only certain parties can file a wrongful death claim. The named executor in the person’s estate plan can file suit. Also, if there is no will, the court can appoint a representative to file the wrongful death lawsuit. In this situation, the court will often appoint one of the following:

• The surviving spouse and children
• The surviving parents
• The heirs if there are no surviving spouse, children, or surviving family

If the wrongful death action is successful, the case representative will distribute the funds to the survivors of the deceased.

What Compensation Can You Receive In A Wrongful Death Lawsuit?

There is no sum of money that can replace your loved one. However, there are often many financial needs to address when someone passes suddenly, including expenses related to and unrelated to the death. Some of the money you could receive includes:

• Medical costs and treatment expenses
• Funeral and burial expenses
• Loss of care, protection, and companionship
• Pain and suffering for the deceased
• Loss of financial support and inheritance
• Loss of future income
• Loss of household services

What Is The Statute Of Limitations For Filing A Wrongful Death Lawsuit?

You have only three years in South Carolina from the date of death to file your lawsuit. If you try to file your claim after that date, the judge will probably dismiss it. So, you should promptly retain a Greenville wrongful death attorney to ensure enough time to build a strong case.

Who Pays Damages In A South Carolina Wrongful Death Lawsuit?

In most cases, the insurance company for the defendant reimburses the plaintiff for their damages. If the insurance does not fully cover damages, the defendant could be personally liable for the rest.

For example, if a trucker runs a red light and kills your loved one in the crosswalk, the carrier’s insurance company would probably have to pay benefits to the family.

What Are The Elements Of Negligence In A Wrongful Death Lawsuit?

In a South Carolina wrongful death claim, you have to prove that your loved one died because of someone’s negligence. There are four elements of negligence. They are:

• Duty of care
• Violation of the duty of care
• Negligence led to the violation of the duty of care
• The victim suffered losses

Each of these elements must be proven by a preponderance of the evidence for damages to be awarded.