Wrongful Death Lawyers in Greenville, South Carolina
Helping Families Seek Justice
If your loved one died due to the negligent actions of others, you have the option to sue the guilty parties in a wrongful death lawsuit. Wrongful death occurs when an individual passes away because of a negligent, intentional, or reckless act of another party. Working with a wrongful death attorney is the best way to win your wrongful death claim and collect economic damages and compensation.
Losing a loved one is never easy, and a wrongful death lawsuit can’t bring them back. However, winning a wrongful death case could help you pay for funeral expenses, burial expenses, and more. Our team at Armada Law understands just how difficult this time is for you, and we are committed to providing legal representation to guide you through the process. For more information and to receive a free consultation, contact our law firm today at (864) 633-3739.
What Makes a Wrongful Death Case?
Before pursuing a wrongful death lawsuit, it’s helpful to determine whether you have a winning wrongful death case. Wrongful death is defined by South Carolina laws, and a wrongful death lawyer on our team can assist you in determining the legitimacy of your claim.
Ask yourself the following questions to help you determine if you should take legal action:
- Did your loved one pass away due to a doctor’s medical malpractice?
- Did your loved one pass away in a fatal accident, like a drunk driving accident or a construction accident?
- Was the accident that killed your loved one caused by someone else’s negligence or carelessness?
- Have you suffered financial losses and emotional distress due to the loss of your loved one?
If you answered yes to some or all of these questions, you likely have a wrongful death suit that you can pursue. Our attorneys would be happy to provide a free case evaluation to advise you of your legal rights. Contact our law office today for more information.
Who Can File a Wrongful Death Lawsuit?
South Carolina treats wrongful death lawsuits similarly to personal injury lawsuits. To avoid competing wrongful death claims, state laws specify that the lawsuit can only come from the deceased person’s estate and must be filed by the administrator or executor of the estate. Most executors are named in the will or estate plan. If an executor has not been assigned, the court will name one.
A wrongful death lawsuit must be filed by the executor, but it can be filed on behalf of the deceased person’s surviving family. Family members can include a spouse, children, parents, siblings, or heirs named in the will.
In general, the surviving spouse and any children have the primary claim to the lawsuit, followed by the parents and the siblings. Non-related heirs are last in line behind family members.
How Can You Prove Negligence in a Wrongful Death Case?
The basis of a wrongful death claim is the ability to prove negligence on behalf of the other party. A personal injury attorney on our team will use our experience to show that the other party failed to act in a responsible manner, causing your loved one’s death. We can rely on experts to give testimony as well as witnesses to provide statements.
In a wrongful death lawsuit, it is essential to prove the following factors:
- The death of the individual occurred
- The death was caused by another person, company, or entity
- The survivors are suffering financially because of their loved one’s death
- A representative of the survivors has been appointed and is following state requirements
In South Carolina, the statute of limitations for a wrongful death lawsuit is three years from the date of the death. This means that if it has been longer than three years, you may not be able to file a wrongful death suit. It is essential to reach out to our team immediately to begin building your case.
What Can a Personal Injury Attorney Do for Me?
Our attorneys understand that losing a loved one can be hard to bear. Emotional distress and grief are likely weighing heavily on your mind. If your loved one was killed due to the negligence of another party, you deserve to be compensated for your pain and suffering.
At Armada Law, we can pursue a wrongful death lawsuit on your behalf to get your family the justice they deserve. Please don’t hesitate to reach out to our team. For a free case evaluation and to learn more about how we can help you, call our office today at (864) 633-3739.