Greenville Wrongful Death Lawyer

We Help Families Pursue a Wrongful Death Claim to Seek Appropriate Compensation After a Family Member Died Due To Another Party’s Negligence in Greenville, South Carolina

Hammack Law Firm understands the immense grief and sense of loss that families experience when a loved one dies due to someone else’s negligence. While no amount of money can bring back a cherished family member, pursuing a wrongful death claim can help families seek justice and appropriate compensation for their loss. South Carolina law provides a way for families to hold the responsible party accountable and seek compensation for economic and intangible losses. The compassionate wrongful death attorneys at Hammack Law Firm are dedicated to helping families in Greenville, South Carolina navigate the legal process during this difficult time.

Our experienced wrongful death lawyers at Hammack Law Firm thoroughly investigate the circumstances surrounding the death to determine if negligence played a role. We gather evidence, consult with experts, and build a strong case to hold the responsible parties accountable. Throughout the process, we provide compassionate support and guidance to your grieving family, working towards ensuring your rights and interests are protected every step of the way. There are many steps to complete in order to file a wrongful death claim ahead of the statute of limitations, and we handle these steps so you can focus on your family.

Contact Hammack Law Office today to schedule a free consultation if your loved one died in a preventable accident in or near Greenville, SC because of another party’s negligence or carelessness. Our Greenville wrongful death lawyers at Hammack Law Firm can help you pursue justice. We are here to answer your questions and explain your legal options based on the details of your case.

Key Takeaways

• Hammack Law Firm’s compassionate wrongful death attorneys help families in Greenville, South Carolina seek justice and compensation for the loss of a loved one due to negligence
• The experienced legal team at Hammack Law Firm thoroughly investigates the circumstances surrounding the death, gathers evidence, consults with experts, and builds a strong case to hold responsible parties accountable
• Wrongful death claims can seek damages for medical expenses, funeral costs, lost income, loss of companionship, and in some cases, punitive damages
• In South Carolina, the executor or administrator of the deceased’s estate must file the wrongful death claim within three years of the death on behalf of eligible surviving family members
• Hammack Law Firm offers free consultations to grieving families, providing personalized support and guidance throughout the legal process while fighting for maximum compensation

Common Causes and Types of Wrongful Deaths in Greenville, South Carolina

Wrongful deaths in Greenville, South Carolina can occur due to various reasons. When negligence or intentional wrongdoing leads to the death of a loved one, surviving family members may have the right to pursue a wrongful death claim. Seeking justice and compensation through a wrongful death lawsuit can help alleviate the financial burdens that often accompany such a tragic loss.

Types of Wrongful Death Cases Our Lawyers Handle at Hammack Law Firm

We handle a variety of fatal accident cases in South Carolina, including those involving:

• Car accidents
• Truck accidents
• Drunk driving accidents
• Slip and falls
• Motorcycle injuries
• Boat injuries
• Bicycle accidents
• Brain injuries
• Construction accidents
• Animal attacks or dog bites
• Garbage truck accidents
• Burn injuries
• Pedestrian accidents
• Product liability injuries (defective products)
• Spinal cord injuries
• Nursing home abuse or neglect
• Medical malpractice
• Workplace accidents
• Criminal behavior

Even if you don’t see your loved one’s fatal accident here, we could still represent your family. Our team is standing by 24/7 to discuss your case for a wrongful death lawsuit. Schedule a complimentary consultation by phone, over Zoom, or in person at our brick-and-mortar location in Greenville.

Some particularly common scenarios leading to wrongful death claims involve motor vehicle accidents, especially those involving a drunk driver, distracted driving, a motorcycle, a large truck, or a pedestrian. Medical malpractice claims involving accidental death of a patient due to failure to provide medical treatment in line with the established standard of care make up another significant category of wrongful death claims. These could be due to a faulty medical device, which might overlap with product liability. Premises liability issues involving accidental death due to serious injury on someone else’s property may take the form of slip-and-fall accidents or negligent security, and dog bites are also classed among these, as a dog owner has a duty of care to others in many situations. Work accident cases leading to the accidental death of a worker can involve another set of considerations that affect the direction of the legal case.

The wrongful death attorneys at Hammack Law Firm have extensive experience handling a wide range of cases in Greenville and throughout South Carolina. They understand the unique challenges and complexities involved in proving negligence and liability in wrongful death claims. By conducting thorough investigations, consulting with experts, and gathering compelling evidence, they build strong cases on behalf of grieving families.

Hammack Law Firm’s compassionate wrongful death lawyers recognize the emotional toll of losing a loved one unexpectedly, whether due to a drunk driving accident, medical malpractice, a workplace death, or another tragic scenario. Our attorneys provide unwavering support and guidance to families throughout the legal process, protecting their rights and interests at every turn. With a commitment to seeking justice and pursuing maximum compensation under the law, the attorneys at Hammack Law Firm fight tirelessly to help families seek the financial resources they need to move forward after a devastating loss.

The Purpose of a Wrongful Death Claim is to Seek Financial Compensation for The Loss of Your Family Member

While no amount of money can truly compensate for the loss of a loved one, filing a wrongful death claim can help families pursue damages for the financial and emotional losses they have suffered. The purpose of a wrongful death claim is to seek compensation for expenses such as medical bills, funeral costs, lost income, and loss of companionship or loss of consortium.

By holding the negligent party accountable, a wrongful death lawsuit can also provide a sense of justice and closure for the grieving family.

Wrongful Death Claims are Distinct from Criminal Prosecutions

Wrongful death claims are civil lawsuits that are separate from any criminal charges that may be brought against the responsible party. While a criminal prosecution seeks to punish the wrongdoer and may lead to jail time or fines, a wrongful death claim focuses on pursuing financial compensation for the deceased’s family to compensate them for their losses.

Family Members Can Seek to Recover Damages in a South Carolina Wrongful Death Claim

In negligence cases, victims generally hold the liable party accountable by seeking monetary damages through an insurance liability claim or personal injury lawsuit. Similarly, families who lost close relatives may seek compensation when their loved one’s death was “caused by the wrongful act, neglect, or default of another,” per South Carolina Code § 15-51-10.

The beneficiaries of wrongful death cases are generally members of the deceased’s immediate family. This could include their:

• Spouse and children
• Spouse, if no children
• Children, if no spouse
• Parents, if no spouse or children
• Siblings, if no spouse, children, or parents

However, it is essential to know that South Carolina allows only the deceased’s personal representative to file this type of claim, which connects the claim with the probate and estate administration processes. In general, the personal representative is whoever they named as the executor or administrator of the estate. This might be a spouse, adult child, or parent.

Examples of Wrongful Death Damages

The compensation your family could seek to recover may include many types of expenses and losses incurred because of your loved one’s death:

• Any medical bills related to the deceased’s treatment and care
• Funeral and burial costs
• Income lost because of the person’s death
• Loss of benefits, including retirement, savings, and more
• Loss of services usually managed by the deceased
• Loss of support, companionship, and guidance (loss of consortium)
• Other intangible losses experienced by family members

Pursuing appropriate compensation requires calculating economic losses and assigning value to non-economic losses. With the help of a wrongful death lawyer from our firm, you can seek the full scope of the damages that are appropriate to help your family move forward.

Understanding the Types of Recoverable Damages in a South Carolina Wrongful Death Case

When a loved one dies due to another party’s negligence or wrongdoing in South Carolina, the surviving family members may be entitled to seek various types of damages (compensation for injuries and losses) through a wrongful death claim. These damages are designed to compensate the family for the financial and emotional losses they have suffered due to their loved one’s untimely death. The experienced wrongful death attorneys at Hammack Law Firm can help families understand the types of damages they may be eligible to pursue, and we fight to maximize their compensation.

Economic Damages

Economic damages in a wrongful death case may include medical expenses related to the deceased’s final injury or illness, funeral and burial costs, and the loss of the deceased’s expected income and benefits. Economic damages aim to compensate the family for the financial losses they have incurred due to their loved one’s death.

Non-economic Damages

Non-economic damages in a South Carolina wrongful death case aim to compensate the family for the intangible losses they have suffered, such as the loss of the deceased’s love, companionship, guidance, and support. Many of these intangible losses would be categorized as loss of consortium. These damages recognize the profound emotional impact of losing a loved one and the void it leaves in the lives of the surviving family members. Additionally, family members may be able to claim compensation for the pain and suffering their loved one suffered before succumbing to their fatal injury.

Economic Damages	Noneconomic Damages
Medical expenses	Loss of love and companionship
Funeral and burial costs	Loss of guidance and support
Loss of expected income and benefits	Emotional pain and suffering

 

The compassionate wrongful death attorneys at Hammack Law Firm understand the immeasurable value of a loved one’s presence in a family’s life. They work diligently to ensure that the noneconomic damages suffered by the family are properly valued and included in the wrongful death claim, seeking to provide a measure of justice and compensation for their profound loss.

Punitive Damages

In some cases, punitive damages may be awarded in a South Carolina wrongful death claim if the defendant’s actions were particularly reckless, willful, or wanton. Punitive damages serve to punish the wrongdoer and deter others from engaging in similar conduct.

• Awarded in cases of particularly egregious behavior
• Designed to punish the defendant and deter others
• Not available in every wrongful death case

Factors Determining Damages in a South Carolina Wrongful Death Claim

Several factors influence the amount of damages that may be awarded in a South Carolina wrongful death claim. These factors help determine the extent of the family’s losses and the appropriate compensation they should pursue.

The key factors that impact damages in a wrongful death case include:

• The deceased’s age, health, and life expectancy
• The deceased’s income and future earning potential
• The nature and extent of the deceased’s relationships with family members
• The pain and suffering endured by the deceased before their death
• The circumstances surrounding the wrongful death

The skilled wrongful death attorneys at Hammack Law Firm carefully evaluate each factor to build a strong case for maximum compensation. We work with experts, such as economists and mental health professionals, to assess the full impact of the loss on the surviving family members, ranging from loss of consortium (involving the lost personal relationship with the loved one) to lost financial and domestic support.

Evaluating Your Wrongful Death Case in Greenville, South Carolina

The wrongful death attorneys at Hammack Law Firm offer free consultations to families who have lost a loved one due to someone else’s negligence in Greenville, South Carolina. During this initial meeting, they listen to the family’s story with compassion and evaluate the merits of their potential wrongful death claim. They explain the legal process and the options available to the family, helping them make informed decisions about how to proceed.

To determine the strength of a wrongful death case, the attorneys at Hammack Law Firm carefully investigate the circumstances surrounding the death. They gather evidence, review medical records, and consult with experts to establish the liability of the responsible party and the extent of the damages suffered by the surviving family members.

The dedicated wrongful death lawyers at Hammack Law Firm understand that each case is unique, and they tailor their approach to meet the specific needs of each family they represent. They provide personalized attention and support throughout the legal process, ensuring that the family’s rights and interests are protected every step of the way as they pursue justice and compensation for their tragic loss.

Who Can File a Wrongful Death Claim in South Carolina, and Who May Be Eligible to Claim Damages?

In South Carolina, the executor — the personal representative or administrator — of the deceased person’s estate is responsible for filing a wrongful death claim on behalf of the surviving family members. If there is no estate plan or will naming an executor, the court will appoint an administrator to handle the claim. The experienced wrongful death attorneys at Hammack Law Firm can guide families through this process and ensure that the claim is filed properly and in a timely manner.

The surviving family members who may be eligible to seek recovery for damages in a South Carolina wrongful death claim include the deceased person’s spouse, children, parents, or heirs. If the deceased has no surviving spouse, children, or parents, then their heirs, such as siblings or grandparents, may be able to seek recovery for damages. The compassionate wrongful death lawyers at Hammack Law Firm work closely with families to identify all eligible beneficiaries and fight for the compensation they need.

Damages that may be recovered in a successful South Carolina wrongful death claim are divided among the eligible beneficiaries according to the state’s intestate succession laws. These laws determine how the deceased person’s assets would have been distributed if they had died without a will. The knowledgeable attorneys at Hammack Law Firm can explain how these laws apply to each family’s unique situation and work to ensure that the damages are distributed fairly among the beneficiaries.

Understanding How Wrongful Death Cases Work in South Carolina

Our team will fight to prove the at-fault party was responsible for your loved one’s death and seek compensation for your family. Wrongful death cases are defined by four elements, which will work to establish negligence and causation of your loved one’s death. These will be essential factors in proving your claim:

• The other party had a duty to act a certain way to keep your loved one safe.
• They failed to uphold their duty, endangering your loved one.
• Their actions caused an accident.
• Your loved one sustained physical injuries in the incident, which led to their death.

The details will vary based on the incident that occurred. Overall, establishing these elements positions us to prove another party’s legal responsibility for the accident, your family’s right to claim financial recovery, and to argue the amount of recoverable damages in the case.

Elements Required to Prove a Wrongful Death Claim in South Carolina

To succeed in proving a wrongful death claim in South Carolina, the plaintiff’s burden of proof involves demonstrating the following:

• Duty of care: The defendant owed the deceased a legal obligation to act with reasonable care to prevent harm.
• Breach of duty: The defendant failed to uphold this obligation through negligent, reckless, or intentional actions.
• Causation: Connects the defendant’s breach of duty to the deceased’s death, proving that the wrongful actions directly led to the fatal incident.
• Damages: Evidence of the losses suffered by the surviving family members, such as medical expenses, funeral costs, lost income, and emotional distress.

In wrongful death cases involving alleged medical malpractice, proof of medical negligence is determined relative to the medical standard of care. Your attorney can guide you and assess your steps towards proving negligence and liability in your case.

The Statute of Limitations for a Wrongful Death Claim in South Carolina — You Only Have a Limited Time to Sue the At-Fault Party

Under S.C. Ann. § 15-3-530, you likely only have three years from the date your family member passed away to sue the at-fault parties and seek justice in civil court. After this deadline — known as the statute of limitations — you lose the right to file a wrongful death lawsuit.

This means that the executor or administrator of the estate must file the claim within this timeframe, or they may lose the right to seek compensation on behalf of the surviving family members. We can help you determine if a wrongful death claim is necessary or appropriate in your case. The majority of lawsuits never go to trial, but missing the filing deadline could prevent you from claiming just compensation.

It takes time to investigate and build a case for wrongful death damages. Moreover, certain evidence can quickly deteriorate or disappear. As such, it’s wise to initiate the legal process as soon as possible if you plan to hold someone financially responsible in South Carolina. The experienced wrongful death attorneys at Hammack Law Firm understand the importance of acting quickly to preserve the family’s legal rights and maximize their ability to seek the justice and compensation they need.

Avoid Delays When Collecting Evidence and Seeking a Lawyer to Pursue a Wrongful Death Claim

While grieving the loss of a loved one, it is crucial to act promptly when considering a wrongful death claim. Evidence can disappear, and witnesses’ memories may fade over time, making it more challenging to build a strong case. The compassionate wrongful death attorneys at Hammack Law Firm encourage families to:

• Gather and preserve any relevant evidence, such as photos, medical records, and witness statements
• Contact an experienced wrongful death lawyer as soon as possible to discuss their legal options
• Be mindful of the three-year statute of limitations for filing a wrongful death claim in South Carolina

By taking swift action and seeking the guidance of a skilled Greenville wrongful death attorney, families can protect their rights and improve their ability to pursue the justice and compensation they need during this difficult time.

Our Firm Charges Nothing Out of Pocket for Wrongful Death Clients

At Hammack Law Firm, we represent our clients on a contingency-fee basis. This means you do not need to pay upfront fees for our representation — we do not charge a retainer or hourly fee. Instead, our attorney’s fees depend upon a successful case resolution. This pay structure means:

• Your family’s financial situation will not affect your ability to hire representation.
• We are only paid if you are.
• We will never leave you in the dark or issue any surprise fees.
• There is no financial risk to choosing our firm.

Our team will discuss this fee agreement with you further before you decide to hire us. Complete a Free Case Evaluation form now.

How Hammack Law Firm Helps Families Who Lost a Loved One in Greenville

Our firm represents families whose loved ones died due to negligence in Greenville or elsewhere in South Carolina. We know how to prove that negligence occurred and document each client’s related losses. Then, we go after the compensation they need.

During this time, we handle each step of the claims process. Providing comprehensive representation allows our clients to focus on spending time with their family members, recovering emotionally, and seeking help to manage their grief.

We start by giving you the space to discuss what happened to your loved one in a free consultation. In addition, our wrongful death attorneys follow our Client’s Bill of Rights, prioritizing accessibility, confidentiality, and empathy in each case we handle. We believe in providing compassionate support and services to help our clients seek financial compensation and justice for their lost loved ones.

We Have a Track Record of Success Throughout South Carolina

Our recent case results include negotiating a $525,000 settlement in the wrongful death case of an elderly pedestrian who passed away after being hit by a careless driver while crossing a restaurant parking lot.

Our firm’s reviews also show our dedication to each client’s well-being and our pledge to seek fair compensation in every case we handle. You can read a few below for a glimpse into our client-attorney relationships:

• “Simply the best.” – Christina Giles
• “Lynn Dunn always made me feel like my problems were her problems and cared about every aspect of things going on in my life. You don’t get that treatment anywhere today. I could go on and on but you need to find out for yourself. You will not be sorry you went to see them. I have not been once.” – Jean Smith
• “Everyone at Paul Hammack Law Firm was a dream to work with! Lynn and Dawn were always very responsive and knowledgeable!” – Amanda Litton

We will strive to provide a similar experience when you allow us to handle your family’s case.

Services We Provide in Wrongful Death Cases

When you trust our team with your case, we take on all aspects of the claims process from here on out. This includes actionable steps such as:

• Investigating the accident, your loved one’s injuries, and what happened
• Explaining your legal options and what to expect moving forward, including who qualifies to file your family’s wrongful death claim
• Identifying the liable party or parties
• Collecting evidence to prove negligence and liability
• Gathering proof of your damages (including the family’s losses, medical and funeral expenses, and the decedent’s pain and suffering) to support an appropriate valuation for potential compensation
• Building a case to prove the accident’s cause and who is responsible
• Calculating the case’s value and the amount of wrongful death damages to pursue
• Negotiating with the insurer for an out-of-court settlement
• Providing legal guidance as you make critical decisions in the case, including whether to accept a settlement offer
• Filing a wrongful death action in civil court, if needed
• Representing you at trial, if necessary

The compassionate wrongful death attorneys at Hammack Law Firm understand the emotional challenges and legal complexities that families face when losing a loved one due to someone else’s negligence. We offer personalized support and guidance throughout the wrongful death claim process, helping families navigate these processes with care and professionalism.

You can count on our team to protect your right to seek compensation, ensure you meet all applicable deadlines, and manage all communications about your wrongful death case. We can discuss the unique details of your case and begin planning your strategy during a free case evaluation.

By working with a dedicated wrongful death attorney at Hammack Law Firm, families can focus on healing and moving forward while their legal rights and interests are protected.

Hammack Law Firm Helps Families Fight for Justice in Greenville, South Carolina — Schedule a Free Case Evaluation to Discuss Your Wrongful Death Case

The death of a loved one is never easy, but when that death was caused by the negligence or wrongful act of another, the pain can be unbearable. If you have lost a family member due to someone else’s negligence in Greenville, South Carolina, you may be able to file a wrongful death claim ahead of the statute of limitations in order to seek compensation for your losses. The experienced wrongful death attorneys at Hammack Law Firm understand the devastation and grief that comes with losing a loved one unexpectedly. We are here to help you navigate the legal process during this difficult time.

Our team from Hammack Law Firm provides free consultations and case assessments for the families of those who died in traffic collisions and other incidents. We will listen to your family’s story with empathy and evaluate the merits of your potential wrongful death claim to hold the responsible party responsible and pursue the compensation you need. We’ll explain the legal process and the options available to the family, helping you make informed decisions about how to proceed.

Our Greenville office is located on West Stone Avenue. Call or text (864) 326-3333(864) 326-3333 now to discuss your loved one’s wrongful death with a team member for free, or complete a Free Case Evaluation form.

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