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    Losing a loved one unexpectedly is an unimaginable hardship. What makes it worse is knowing your family member would still be alive were it not for someone else’s negligence or wrongdoing. If another party’s carelessness, recklessness, or willful misconduct killed a close family member in Greenville, you likely have options to hold them accountable and obtain the compensation and justice you deserve.

    A Greenville wrongful death lawyer from Joye Law Firm is here for you and your family. We understand the depth of your loss and are dedicated to providing compassionate legal support during this challenging time. With extensive experience handling wrongful death claims in Greenville and throughout South Carolina, we can help you secure the financial recovery you need to move on as best as possible.

    Contact us for a free consultation to discuss your case and explore your legal options. You can trust us to fight hard to protect your rights and preserve your loved one’s memory.

    Understanding Wrongful Death Cases

    In South Carolina, a wrongful death occurs when someone loses their life because of another party’s wrongful actions, negligence, or failure to act. If the person had survived, they would have had the right to file a personal injury lawsuit – but since they passed away, their surviving loved ones or an estate representative can pursue compensation instead. This allows families to seek justice and hold the responsible party accountable.

    Common Causes of Wrongful Death Cases in Greenville

    Tragic accidents happen across the Upstate, often due to negligence or reckless actions. Some of the most common causes of wrongful death include:

    • Auto Accidents: Fatal crashes frequently occur on major roadways like Interstate 85, where speeding, distracted driving, and impaired driving contribute to deadly collisions. Pedestrian fatalities are also a concern near Main Street and Augusta Street in downtown Greenville, where heavy foot traffic and vehicle congestion intersect.
    • Medical Malpractice: Local hospitals, nursing homes, and other healthcare facilities treat thousands of Upstate patients each year. When medical professionals make errors or administer improper treatments, lives can be lost due to medical negligence.
    • Workplace Accidents: Greenville’s strong industrial and manufacturing sectors pose risks for fatal workplace injuries. Construction sites, warehouses, and factories may have hazards such as faulty machinery, dangerous falls, or exposure to toxic substances.
    • Defective Products: Faulty auto parts, unsafe household products, and malfunctioning medical devices have the potential to cause fatal injuries. Cases involving defective products may arise from incidents where retail stores and auto dealerships distribute consumer goods and vehicles.
    • Premises Liability: Property owners must maintain safe conditions, but slip-and-fall accidents, poor security, and structural hazards can lead to wrongful deaths. Fatal incidents can occur at shopping centers, apartment complexes, or hotels if safety measures are neglected.

    Negligence can turn everyday locations into the site of a life-altering tragedy. When a wrongful death occurs, families deserve justice and financial security to move forward.

    Who Can File a Wrongful Death Claim in South Carolina?

    Before pursuing a wrongful death claim, you need to know whether you qualify. You also need to consider other legal factors.

    Legal Standing Requirements

    In South Carolina, the personal representative (executor) of the deceased person’s estate is responsible for filing a wrongful death claim. This representative acts on behalf of the deceased’s beneficiaries to seek justice and compensation.

    Eligible Family Members

    The beneficiaries of a wrongful death claim typically include the deceased’s spouse and children. If there is no surviving spouse or child, the deceased’s parents may be eligible. In the absence of parents, other heirs, such as siblings or more distant relatives, may have a claim.

    Statute of Limitations

    South Carolina law typically imposes a three-year statute of limitations for filing a wrongful death claim, starting from the date of death. Filing within this timeframe is essential to preserve the right to seek compensation.

    Recoverable Damages in Wrongful Death Cases

    Affected families may be entitled to various forms of compensation to address both economic and non-economic losses.

    Economic Damages

    These damages cover tangible financial losses, including:

    • Medical Expenses: Costs incurred for medical treatment prior to the loved one’s passing.
    • Funeral and Burial Costs: Expenses related to laying the deceased to rest.
    • Lost Wages and Benefits: Income and benefits the deceased would have provided to their family.
    • Loss of Future Earnings: Projected earnings the deceased would have contributed over their lifetime.

    Non-Economic Damages

    These damages address intangible losses, such as:

    • Pain and Suffering: Emotional distress experienced by the surviving family members or discomfort your loved endured from the accident prior to their passing.
    • Loss of Companionship: The absence of the deceased’s presence and support.
    • Mental Anguish: Psychological impact of the sudden loss.
    • Loss of Care and Guidance: Deprivation of the deceased’s nurturing and advice.

    Damages Caps

    South Carolina law limits or “caps” the amount of compensation you can receive in certain wrongful death cases. There are two main damage caps in South Carolina. One is a cap on the amount of compensation you can recover in a wrongful death lawsuit involving medical malpractice.

    You can receive no more than $350,000 in non-economic damages from a single healthcare provider, such as a doctor, nurse, or health facility. If you file a lawsuit against three or more healthcare providers, you could recover up to $1.05 million.

    The other cap involves punitive damages, which are only available in certain cases to punish a defendant’s outrageous or malicious conduct. Punitive damages are limited to either $500,000 or no more than three times the amount of economic damages awarded, whichever is more.

    Why Choose Our Greenville Wrongful Death Attorneys

    Losing a loved one due to someone else’s negligence is devastating, and choosing the right legal team can make a significant difference in your pursuit of justice. At Joye Law Firm, we provide compassionate legal representation backed by decades of experience. Our attorneys are committed to holding negligent parties accountable and securing the financial recovery families need after a tragic loss.

    Decades of Combined Experience

    Since 1968, our firm has helped families across South Carolina seek justice in wrongful death claims. With over 300 years of collective experience, our attorneys understand the legal complexities involved and work tirelessly to build strong cases for our clients.

    Successful Settlements and Verdicts

    We have secured over half a billion dollars in compensation for our clients, whether through settlements or court verdicts. Our attorneys are skilled negotiators who push back against unfair offers from insurance companies, and we are always prepared to take a case to trial if necessary.

    Compassionate Approach

    Losing a loved one is one of life’s most difficult experiences. We handle every case with sensitivity, providing not just legal guidance but also emotional support and resources to help families through the grieving process. You’re not just another case to us— you’re a family seeking justice, and we treat you with the care and respect you deserve.

    Deep Knowledge of South Carolina Wrongful Death Laws

    Wrongful death claims must follow strict state laws, including deadlines for filing and rules on who can bring a claim. Our attorneys have an in-depth understanding of South Carolina’s wrongful death statutes and know how to navigate the legal system to protect your family’s rights.

    No Fee Unless We Recover Compensation for You

    Financial concerns shouldn’t prevent you from seeking justice. That’s why we offer our “No Fee Guarantee.” Since we work on a contingency fee basis,  you’ll owe us nothing unless we successfully recover compensation for your loss.

    At Joye Law Firm, we are committed to standing by your side, fighting for justice, and helping you find financial security after a devastating loss.

    The Wrongful Death Claims Process

    A wrongful death claim follows a specific process:

    • Initial Consultation: We start with a free, no-obligation consultation to discuss the details of your case and assess potential legal avenues.
    • Investigation and Evidence Gathering: Our team conducts a thorough investigation, collecting evidence such as medical records, accident reports, and witness statements to build a strong case.
    • Filing the Wrongful Death Claim: We prepare and file all necessary legal documents, ensuring compliance with South Carolina laws and deadlines.
    • Negotiation with Insurance Companies: Our attorneys engage with insurance companies to seek a fair settlement that reflects the full extent of your losses.
    • Litigation if Necessary: If the insurance company refuses to offer a fair settlement, we can take them to court. We prepare each case fully so that we’re ready if the time comes.
    • Settlement or Trial: Depending on the circumstances, the case may conclude with a negotiated settlement or proceed to trial for a judge or jury to decide.

    Our lawyers will be there for you during each stage of the process, fighting for your rights and future.

    How We Support Grieving Families

    Losing a loved one unexpectedly is devastating, and the legal process can feel like an added burden during an already difficult time. At Joye Law Firm, we do more than just handle your legal case— we provide support and guidance to help ease the stress on your family. Our team takes on the responsibilities of building your claim, dealing with insurance companies, and managing financial concerns so you can focus on healing.

    Handling All Legal Paperwork

    Wrongful death cases require extensive documentation, from filing claims to responding to insurance companies and court filings. Our attorneys handle all legal paperwork accurately and efficiently, ensuring deadlines are met and that your case moves forward without unnecessary delays.

    Communicating with Insurance Companies

    Insurance companies often try to minimize payouts, offering settlements that don’t fully reflect the loss suffered by a grieving family. Our team handles all communication with insurers, advocating for a settlement that accounts for both financial and emotional damages.

    Gathering Evidence and Expert Testimony

    A strong wrongful death case relies on solid evidence. We collect police reports, medical records, witness statements, and surveillance footage when available. In complex cases, we work with medical professionals, accident reconstruction experts, and financial specialists to establish liability and calculate the full extent of your losses.

    Managing Medical Bills and Creditors

    Families often face significant medical expenses related to their loved one’s final care. These bills, along with funeral costs and other financial obligations, can become overwhelming. We help clients navigate these financial challenges by working with medical providers and creditors while the case is ongoing.

    Providing Regular Case Updates

    Wrongful death claims take time, and we understand how important it is for families to stay informed. We provide regular updates, explaining each step of the process and answering any questions so you always know where your case stands.

    Emotional Support Resources and ReferralsFamily grieving over loss of a loved one due to negligence in Columbia, SC

    Grief is not just a legal or financial issue, it’s deeply personal. While we cannot take away the pain of your loss, we can connect you with grief counselors, support groups, and community resources near you to help you through this difficult time.

    At Joye Law Firm, we believe that supporting grieving families goes beyond the courtroom. We are here to shoulder the legal burden so you can focus on remembering your loved one and finding a path forward.

    Greenville Wrongful Death FAQs

    Greenville Wrongful Death

    How long does a wrongful death case take?

    The length of a wrongful death case depends on several factors, including the complexity of the claim, the willingness of the insurance company to negotiate fairly, and whether the case goes to trial. Some cases settle in months, while others may take a year or longer if litigation is necessary.

    What if the deceased was partially at fault?

    South Carolina follows a modified comparative negligence rule, meaning the claim may still be valid if the deceased was less than 51% responsible for the incident. However, any compensation awarded may be reduced based on their degree of fault.

    What if the responsible party is facing criminal charges?

    A wrongful death claim is a civil lawsuit, separate from any criminal proceedings. Even if the at-fault party faces criminal charges, the family can still pursue a wrongful death claim to seek financial compensation for their losses.

    Do all wrongful death cases go to trial?

    No, most wrongful death cases are resolved through settlements. However, if the at-fault party or their insurer refuses to offer fair compensation, taking the case to court may be the best option.

    How much does it cost to hire a wrongful death lawyer?

    Joye Law Firm handles wrongful death cases on a contingency fee basis, meaning you pay nothing upfront. We only collect our attorney fees if we successfully recover compensation for you—and the award comes from the award or settlement, not your wallet.

    Let Our Experienced Greenville Wrongful Death Attorneys Help

    No amount of money can replace someone dear to you, but seeking justice can provide financial security for those left behind and hold negligent parties accountable. At Joye Law Firm, our attorneys are dedicated to helping families in Greenville pursue compensation after a wrongful death.

    If your family has lost someone due to another party’s negligence or wrongful actions, Call today for a free consultation. Let us take on the legal burden so you can focus on healing.

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