Greenville SC Wrongful Death Lawyer
A wrongful death case arises when someone dies because of another person’s or company’s negligent, careless, or reckless actions. As a Greenville, SC, wrongful death lawyer, Thomas Creech helps families understand their legal options and pursue accountability.
What is a Wrongful Death Case?
Whether it’s a death from a car wreck or trucking accident, a preventable medical error, a death caused by a defective product, or death caused by a dangerous condition at a residence, retailer, or big box store, when the loss of life is caused by negligent, careless, or reckless actions, in the law it’s called wrongful death. And you deserve to be compensated for your losses.
South Carolina law provides that a person, usually a family member appointed by the Probate Court to be the representative of the estate of a deceased loved one, may bring a wrongful death action to recover monetary compensation when a loved one has died as a result of negligence, carelessness, or recklessness.
Each wrongful death case is different and it must be determined under the law which family members may bring a wrongful death claim and which family members will be the beneficiaries of monetary compensation recovered in a wrongful death case.
To know whether you may bring a wrongful death action for the loss of a loved one, call our offices today at 864-235-4999 in Greenville, SC. We have represented families throughout the Upstate of South Carolina in cases of wrongful death. We are able to represent you in civil court as well as the Probate Court in a wrongful death case.
What Situations May Involve a Case or Claim for Wrongful Death?
You may need a wrongful death lawyer in situations such as fatal automobile accidents or fatal trucking accidents, fatal accidents on the premises of another, deaths caused by a defective product, or deaths caused by medical malpractice.
What Compensation Can a Wrongful Death Claim Seek?
In a wrongful death claim in Greenville, SC, a jury determines damages based on the losses suffered by surviving family members under South Carolina law. The damages a family may seek depend on the facts of each case. They may include:
- Medical and funeral expenses related to the death
- Lost income, benefits, and financial support the person would have provided
- Loss of companionship, care, and guidance for the surviving family
- Grief and emotional suffering of the surviving family members
- Exemplary (punitive) damages when the death resulted from recklessness, willfulness, or malice
Every case is different, and we cannot predict case value or outcome.
Frequently Asked Questions About Wrongful Death in South Carolina
Who Can File a Wrongful Death Lawsuit in South Carolina?
In South Carolina, a wrongful death action is brought by or in the name of the executor or administrator of the deceased person’s estate. This personal representative is usually a family member appointed by the Probate Court. The action is for the benefit of the surviving spouse and children, or the parents or heirs if there is no spouse or child. Many families look for a probate wrongful death attorney who can help with both the estate and the claim.
How Long Do You Have to File a Wrongful Death Lawsuit in South Carolina?
A wrongful death lawsuit in South Carolina generally must be filed within three years of the date of death under S.C. Code § 15-3-530. Other deadlines can apply in some situations, such as medical malpractice claims or claims against a government entity. Because a missed deadline can end a claim, it helps to speak with a lawyer as soon as you can.
What Do You Have to Prove in a Wrongful Death Case?
A wrongful death claim generally requires showing that another party’s negligent, careless, or reckless act caused the death, and that the act would have given the person a claim for damages had they lived. Evidence may include police and medical records, witness statements, and expert analysis.
How Long Does a Wrongful Death Case Take?
Timelines vary from case to case and cannot be predicted. The length of a case depends on the evidence, the parties involved, whether an agreement can be reached, and whether the case goes to trial. Any settlement of a wrongful death claim also needs court approval. We explain what to expect for your family during a consultation.
What is the Difference Between Wrongful Death and Negligence?
A wrongful death claim is for the harm the death causes the surviving family members. A survival action belongs to the estate and covers claims the person could have brought for their own injuries had they lived. These claims are often handled together, and a court must approve any settlement of either.
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Wrongful death in Greenville SC
If a person dies because of the negligence or carelessness of another, South Carolina law...
Strength and Compassion After a Tragedy
Wrongful death lawyer Thomas Creech has been there for families in some of the hardest times of their lives, fighting for families who have lost loved ones because of wrongful death. Our team is here for you and your family in the aftermath of a tragedy, ready to provide legal services and explain your legal options in a caring and compassionate manner, fully understanding everything you are dealing with and trying to comprehend. In the case of wrongful death, our mission is to help you start moving forward and focus on righting the wrong that caused your loved one to die.
Thomas Creech has practiced law since 1997 and opened the firm in 2003. He offers competent legal guidance to families and prepares each case as if it may go to trial.
If someone you loved has died because of the actions or neglect of another, please contact us at 864-235-4999 or schedule a free consultation
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What You Can Expect From Us
Once you retain Thomas Creech as your Greenville, SC wrongful death lawyer, we will review the conduct that led to your loved one’s death and explain whether we believe you have a claim. If we do, we will help your family pursue accountability and seek justice for your loved one.