THE LAW OFFICES OF PERRY B. DELOACH, JR., LLC

Wrongful Death Attorney Greenville, SC

Wrongful Death cases are a solemn and complex area of law, dealing with the tragic loss of life due to another’s negligence or misconduct. In South Carolina, these claims are intricately governed by statutes, outlining who may file the lawsuit and the nature of compensation that may be awarded, offering a legal pathway for families to seek justice and begin the process of rebuilding their lives.

Wrongful Death is defined as a death that is caused by the wrongful act, neglect, or fault of another. The wrongful act, neglect, or fault that causes the death must be the type of action that would have allowed for a personal injury action to be filed. Wrongful Death claims are governed by statutes. Generally, the statutes define who may sue and what may be applied to an award for damages. Obviously, no amount of money can replace a loved one, but monetary awards are often the only remedy we have access to. While monetary damages will never bring the person back, often they can help families at least start to rebuild their lives.

In South Carolina a wrongful death claim must be filed by the personal representative, or executor, of the deceased person’s probate estate. The personal representative, or executor, is often named in the deceased person’s last will and testament. If there is no will the probate court will appoint a personal representative. Only legal heirs of a deceased person can recover damages in a wrongful death action. Typically these people include the surviving spouse, children or parents, however based on the family history, those that can recover may extend well beyond the immediate family.

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Wrongful death cases demand experience Attorneys.

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Damages that may be awarded in wrongful death claim include but are not limited to:

funeral and burial expenses
medical bills and expenses related to the deceased person’s final illness or injury
lost wages and benefits
property damages and other financial losses related to the death related to the death overly aggressive or reckless while operating trucks
loss of the deceased person’s care, companionship, and protection
pain, suffering, and mental anguish suffered by the surviving family members

Also, if the conduct that caused the death was grossly negligent, reckless or intentional, the court may award punitive damages.  Unlike other types of damages, punitive damages are not awarded to compensate the family or estate for losses resulting from untimely death, they are intended to punish wrongdoers and serve as a deterrent to others who might engage in similar conduct.

Every situation is different so it is important to contact an experienced lawyer to handle these cases for you. Contact The Law Offices of Perry B. DeLoach, Jr, LLC at (864) 520-1101 for your FREE LEGAL CONSULTATION today.

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If you’ve been charged with a crime, given the complexities of criminal law in South Carolina, it is vital that you seek the representation of an experienced criminal defense attorney.

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If you have been injured by another, you may be entitled to compensation for your injuries. The Law Offices of Perry B. DeLoach, Jr. represents clients in a wide variety of personal injury cases.

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If you have been arrested in South Carolina and charged with Driving Under The Influence it is imperative that you seek the advice of an experienced DUI defense attorney immediately.