Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, the law provides a path for families to hold the responsible party accountable.
Common causes of wrongful death in Greenville include motor vehicle and truck accidents, workplace incidents at Manufacturing facilities including the BMW plant corridor, Michelin’s North American headquarters, construction sites across the rapidly growing metro area, healthcare facilities, and the logistics and distribution centers serving Inland Port Greer, medical malpractice, premises liability, and defective products.
At Monge & Associates Injury and Accident Attorneys, our Greenville wrongful death lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Greenville or anywhere in Greenville County, speak with our legal team at (864) 778-3765.
Compensation Available in Greenville Wrongful Death Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in South Carolina.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. South Carolina does not cap non-economic damages in most personal injury cases.
Punitive Damages: In cases involving egregious misconduct, South Carolina courts may award punitive damages (capped at the greater of $500,000 or three times compensatory damages under S.C. Code § 15-32-530, with exceptions for intentional harm, felony conduct, or impairment by drugs or alcohol).
South Carolina Wrongful Death Law
Statute of Limitations: Three years from the date of death (S.C. Code § 15-3-530(6)). Courts enforce this deadline strictly.
Who Can File: Under S.C. Code § 15-51-10, the personal representative (executor or administrator) of the deceased’s estate files the wrongful death claim on behalf of the surviving family members. If the will names no representative, the court appoints one. Eligible beneficiaries include the surviving spouse and children first, then parents if there is no spouse or children, then heirs of the deceased.
Modified Comparative Negligence (51% Bar): South Carolina follows modified comparative negligence with a 51% bar (S.C.
Compensation in South Carolina Wrongful Death Cases
Families may recover compensation for pecuniary loss (lost financial care, maintenance, and support), mental shock and suffering, wounded feelings, grief and sorrow, and loss of society and companionship. The damages are not based on the value of the life lost. The jury sets a total amount, which is divided among eligible survivors according to their intestate heir shares.
A separate survival claim, which recovers the deceased’s own pain and losses before death, may also be filed by the estate.
Holding All Responsible Parties Accountable
Wrongful death cases often involve multiple liable parties. Our attorneys conduct thorough investigations to identify every party whose negligence contributed to the death, including employers, property owners, product manufacturers, and healthcare providers.
What to Do After a wrongful death in Greenville
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Prisma Health Greenville Memorial Hospital (the only Level I trauma center in the Upstate region), Bon Secours St. Francis Health System, and AnMed Health can provide immediate care.
2. Call Law Enforcement. Request an official police report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under South Carolina’s modified comparative negligence rule.
5. Contact a Greenville Wrongful Death Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Greenville Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Greenville? South Carolina gives injury victims three years (S.C. Code § 15-3-530(5)) to file a lawsuit.
Who can file a wrongful death claim in South Carolina? The personal representative (executor or administrator) of the deceased’s estate files on behalf of eligible beneficiaries, including the surviving spouse, children, parents, and heirs.
Where will my Greenville case be heard? Most cases are heard in the Greenville County Circuit Court, part of the Thirteenth Judicial Circuit.
How much does a Greenville wrongful death lawyer cost? Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
37 Villa Rd #412
Greenville, SC 29615
Phone: (864) 778-3765
Contact a Greenville Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Greenville, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (864) 778-3765, or contact us online for a free consultation.
Breadcrumb: Home > Locations > South Carolina > Greenville > Wrongful Death Lawyer Internal Links Up: https://www.becauseyouwanttowin.com/locations/south-carolina/greenville/ and https://www.becauseyouwanttowin.com/locations/south-carolina/ Canonical: https://www.becauseyouwanttowin.com/locations/south-carolina/greenville/wrongful-death-lawyer/