Wrongful Death Attorney

Proudly Serving Greenville County, the Upstate, the Midlands, & the Lowcountry of South Carolina

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.

Wrongful Death cases demand immediate attention. Please call us today.

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
  • loss of the deceased person’s care, companionship, and protection
  • pain, suffering, and mental anguish suffered by the surviving family members
Wrongful Death

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.