Do you have a case?

An injury can be devastating, no matter how it happens.


    In personal injury cases, liability and negligence determine if you have a valid lawsuit. The person who caused the injury is liable and if we can prove negligence, we can generally increase the amount of money you receive as part of your settlement or jury award.

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Greenville Wrongful Death Attorney

When it’s clear that your loved one’s death was preventable, it causes an extra level of suffering for the family. You are dealing with both grief and anger. At the same time, your family may be suffering an extra financial burden, both from the bills associated with your loved one’s death and the fact that they are no longer bringing in an income.

A wrongful death attorney in Greenville, SC can help your family get what it needs after your loved one has been killed, including:

  • Justice for someone else’s wrongful acts
  • The closure that comes from knowing that you took action
  • The financial compensation that your family needs because it lost a provider

Common Types of Accidents

Wrongful death can occur in practically any type of personal injury case. A wrongful death is a personal injury where death is the ultimate injury that the accident victim has suffered.

Here are some personal injury cases that can result in wrongful death:

Damages in a Wrongful Death Case

The family brings a wrongful death case for their own injuries that they suffered when their loved one died. When a family member dies, the family itself loses several things, including:

  • The love and support provided by the loved one
  • The income that the family member would have provided throughout their career
  • Their own well-being and peace of mind because they are dealing with the grief and trauma of losing a loved one.

In addition, the estate can also recover financially for what the deceased person lost between the time of their injury and death, including:

  • Medical bills
  • Pain and suffering
  • Lost wages
  • Emotional distress
  • Loss of enjoyment of life

Wrongful death settlements and jury awards can be considerable. After all, the defendant must compensate your family for the value of a life that has been lost. Wrongful death cases usually have settlements that begin in the six figures. The settlement or award will likely be higher if the defendant has a higher policy value.

Proving Negligence in a Wrongful Death Case

A wrongful death case is the same as any other personal injury case in that the prerequisite for getting money is proving that the defendant was negligent. After you have succeeded in proving liability, then you can talk about settlement terms or compensation.

To prove negligence, you must demonstrate the following:

  • The defendant owed your family member the duty of care.
  • They breached the duty of care by acting unreasonably under the circumstances.
  • Your loved one suffered an injury.
  • Your loved one would not have been injured had it not been for the defendant’s actions.

Here are some examples of things that may be considered negligence in a wrongful death case:

  • A driver makes an illegal turn, cutting across a motorcyclist and knocking them to the ground.
  • A property owner fails to properly inspect and maintain an escalator, causing a fatal accident.
  • A car driver wanders into the wrong lane and causes a head-on collision because they were looking at a text.
  • A third-party contractor on a construction site causes a fatal fall because they have not properly constructed and secured a scaffold.

All of these fact scenarios would require proof of what happened. You have the burden of proof to show that someone else was negligent. We offer free consultations, call us today and speak to a wrongful death attorney in Greenville, SC.

Relevant South Carolina Laws

South Carolina has its own wrongful death law governing the lawsuit the family can file after their loved one was killed. South Carolina’s law is slightly different from that in other states. In this state, the estate’s executor is the one who will file the wrongful death lawsuit. The court will name someone who can file the wrongful death lawsuit if there is no executor.

South Carolina law also specifies who may receive money from the proceeds of a wrongful death claim or lawsuit.

  • The decedent’s surviving spouse and children have the first right to recover.
  • The deceased’s parents can receive the proceeds if there is no spouse or children.
  • The heirs can receive wrongful death compensation if there is no spouse, children, or parents.

Statute of Limitations in Wrongful Death Cases

South Carolina has strict time limits for the family to file a wrongful death action. You have three years from the date of death (or the date you realized that the death was caused by wrongful action) to file a lawsuit.

In reality, there are not many reasons why you would want to wait three years to act. The only reason why people may wait to file an actual lawsuit is that they are trying to settle the case with the insurance company. Given the amount of time that the legal process takes, you would want to begin sooner.

How to Strengthen Your Wrongful Death Claim

Evidence is the key in every wrongful death case. First, you would need evidence that shows that someone else was to blame for your loved one’s death. An experienced lawyer knows how to get to work immediately to assemble your case that will show liability. Second, you would need evidence to show the effect of your loved one’s death on your family because that is the basis of your wrongful death compensation. You are trying to demonstrate the value of a life, and you would need to prove it.

Why You Need a Wrongful Death Lawyer

Insurance companies do not care that your family is grieving or that you have suffered a tremendous loss. They only care about their bottom line and will do anything to further their interests.
Every family needs someone to stand up for them and look out for their own interests when they have lost a loved one. Otherwise, families will pay a financial price, and they may not get justice for the death of their loved ones.

Your wrongful death lawyer will handle the details of your case and allow you to focus on other important things during this difficult time.

Call a Greenville Wrongful Death Lawyer

The attorneys at Armada Law are the forceful advocates and compassionate counselors your family needs during this difficult time. We are here for you when you need us, working tirelessly to maximize your family’s financial recovery. To learn how we can help you, contact us online to schedule your free initial consultation.


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Compile Details

We will collect everything needed to prove your claim

Heal and Rest

Take the steps needed to rest and recover

Communicate Demand

Collaborate to put together a demand and negotiate outcome

File Lawsuit

If your needs are not met, we take them to court


Both sides collect and submit evidence for use in court


Attempt to obtain mutual agreement before going to court


Your loss is made clear in court to meet best outcomes

Frequently Asked Questions

Let’s face it — you have questions.

What happens if the defendant or their insurance company does not want to settle?

They do not have the final say over your case. A jury decides whether you can get compensation and how much you may receive.

Can I file a civil lawsuit if the defendant has been criminally charged?

Yes. The civil wrongful death process is different from the criminal process. There are two different standards of proof, and you can still get money regardless of whether the defendant was or was not convicted.

What are some factors that would impact my wrongful death compensation?

The deceased person’s age and the amount of money they made are two primary factors that would determine your compensation.

This Is What We Do

Armada Law and our partners have the experience to represent you in any case. We represent clients who are involved in auto accidents, personal injury claims, and product liability.

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