Greenville Wrongful Death Lawyer

Evaluating Your Wrongful Death Case in Greenville, South Carolina

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

Losing someone you love is devastating, especially when their death was preventable. In the midst of grief, you’re likely facing an overwhelming number of responsibilities: making final arrangements, supporting your family emotionally, and dealing with a sudden loss of income. You may be unsure of where to turn or how to move forward. At the Hammack Law Firm, we recognize the emotional weight our clients carry during these times. That’s why we lead with empathy, patience, and a genuine commitment to easing your burden. When you come to us, you’ll find a team that truly cares—not just about your case, but about your healing.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought when a person dies as the result of another party’s negligence, recklessness, or intentional misconduct. The claim is most often filed by the executor or administrator of the deceased person’s estate on behalf of the surviving family members. The goal is to seek compensation for the financial and emotional losses caused by the untimely death.

What is the Difference Between Wrongful Death and a Criminal Death?

To the surviving family members, any type of death caused by another person may seem wrong, but is it also criminal? Wrongful death lawsuits are civil matters where the deceased person’s family members seek justice and financial compensation for the premature death of a loved one. These cases are heard in a civil court and the resulting settlement does not include the risk of jail time.

The state prosecutes criminal death cases for murder, manslaughter, or other criminal acts that lead to someone else’s death. The purpose of a criminal death case is to punish the person who committed a crime. It is heard by a criminal court and can result in incarceration and other penalties.

In some instances, both cases can happen simultaneously. When a drunk driver kills someone, they may face criminal charges from the state and a wrongful death lawsuit from the decedent’s family members. It is possible for the negligent party to be found innocent in their criminal case but liable for damages in a wrongful death lawsuit.

What Are the Common Types of Wrongful Death Cases in South Carolina?

There is a broad range of accidents, negligence, and reckless behavior that can result in a loved one’s death. While some may seem obvious, like car accidents, others may be harder to determine, like medical malpractice.

Some common cases include:

Car accidents- This can be caused by distracted driving, breaking traffic laws, driving while under the influence, or other forms of negligence.
Truck accidents- Accidents involving commercial drivers caused by fatigue, improper maintenance, or unsecured loads.
Motorcycle accidents- Frequently fatal due to exposure when compared to traditional passenger vehicles.
Pedestrian and bicycle accidents- Reckless or careless drivers who strike vulnerable pedestrians or bike riders.
Medical malpractice- Includes surgical errors, misdiagnosis, delayed treatment, or other medical mistakes.
Workplace accidents- Most common in construction or manufacturing jobs.
Nursing home neglect or abuse- Failure to treat injuries or infections or physically and mentally abusing residents.
Premises liability- Property owners ignoring hazardous conditions on their property, and it leads to a wrongful death.

There may be situations where a death is not immediately recognized as a wrongful death. That is why working with a wrongful death lawyer is so important; they can investigate the situation and find the responsible party and how their negligence led to your loved one’s death.

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

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 no estate plan or will name 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.

How Do 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:

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.

The details will vary based on the incident that occurred. Overall, establishing these elements positions allows 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.

In wrongful death cases involving alleged medical malpractice, proof of medical negligence is determined relative to the medical standard of care. Medical standard of care considers how a competent doctor would have acted in a similar situation. Your attorney can guide you and assess your steps toward proving negligence and liability in your case.

What Damages Can You Seek in a South Carolina Wrongful Death Claim?

Damages are divided into two categories: economic damages and non-economic damages.

Economic Damages

Medical expenses- Medical bills related to the end-of-life care your loved one received
Funeral and burial expenses
Loss of the deceased person’s income and financial support
Loss of benefits- Health insurance, retirement contributions held by the decedent
Loss of household services- Services that the deceased person provided

Non-Economic Damages

Pain and suffering of the surviving family members
Loss of companionship, love, and emotional support
Loss of guidance and care- This is most relevant for surviving children
Emotional distress and mental anguish experienced by surviving family members

When seeking compensation for a wrongful death lawsuit, you will need to have a deep understanding of what damages you have suffered, how your damages are valued, and the best legal course of action you should take. A Greenville wrongful death lawyer will be able to help you fully understand your options and help you take the proper legal action.

What if Your Loved One Was Partially At Fault?

There are certain instances where the negligent party argues that the deceased person was partially responsible for the accident in some way. South Carolina follows something called modified comparative negligence, which affects how compensation is awarded in these situations.

Modified comparative negligence means that as long as their loved one’s death was less than 51% their fault, a family can still recover damages. The awarded damages will be affected by the percentage of your loved one who was at fault. If they contributed 20% accountability, you will receive 20% less compensation.

This may sound like a bad thing. You don’t care if your loved one’s death wasn’t entirely someone else’s fault; you want them to be brought to justice. Comparative negligence is actually a good thing. People may believe that if their loved one was partially responsible for their own death, they wouldn’t be able to seek compensation. Comparative negligence means they can still hold the negligent party accountable for their portion of the accident.

Do You Have a Limited Time to Sue the At-Fault Party?

Under South Carolina law, 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 and seek compensation.

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 as the negligent party often settles outside of court, 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.

How Long Do Wrongful Death Cases Take?

There is no specific timeline for how long wrongful death lawsuits take to settle. The complexity of the case, the evidence involved, and whether or not the case is settled in court, all contribute to the amount of time it will take. In South Carolina, the average time frame for wrongful death claims is between 6 and 18 months, but those that go to trial can take two years or longer.

A wrongful death lawyer will be able to assess your case and give an educated guess on how long it should take. Call 864-766-7108 to schedule a free consultation with an attorney who can answer your questions and get the process started.

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, or they may change their minds about providing a statement, 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.
Collect documentation and investigate safety measures for workplace accidents that result in wrongful death.
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.

Do You Have to Pay Upfront for a Wrongful Death Lawyer in Greenville?

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.

How Does Hammack Law Firm Help 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 also understand that financial compensation won’t bring your loved one back. An experienced wrongful death attorney can help you seek justice and hold the guilty party accountable for their 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.

How Can You Schedule a Free Case Evaluation to Discuss Your Wrongful Death Case with Hammack Law Firm?

The death of a loved one is never easy, but when that death is caused by the negligence or wrongful act of another, the pain can be unbearable. Suppose you have lost a family member due to someone else’s negligence in Greenville, South Carolina. In that case, 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 864-766-7108 now to discuss your loved one’s wrongful death with a team member for free.

We put the personal back in “personal injury.”