Greenville Wrongful Death Attorney

Ready to Help Your Family Inside & Outside the Courtroom

Losing a loved one is one of the most painful experiences anyone can endure—especially when their death was caused by someone else’s negligence or wrongdoing. At Smith Born Leventis Taylor & Vega, LLC, we understand the emotional and financial burden families face after such a tragic loss. Our Greenville wrongful death lawyers are here to provide compassionate guidance and aggressive legal representation to help you pursue justice and compensation.

Whether the loss resulted from a car accident, medical malpractice, workplace incident, or nursing home neglect, our firm is committed to holding the responsible parties accountable.

Contact us today at (803) 599-2207 for a free consultation to discuss your case and learn how we can help you pursue the justice your loved one deserves.

What is Wrongful Death?

A wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional act. In essence, it’s a civil lawsuit that allows surviving family members to seek compensation for the loss of their loved one’s life.

Common causes of wrongful death in Greenville, SC, include:

• Car, truck, and motorcycle accidents caused by negligent drivers
• Medical malpractice, such as surgical errors or misdiagnosis
• Nursing home abuse or neglect leading to fatal injuries
• Workplace or construction accidents due to unsafe conditions
• Defective products that cause fatal injuries
• Criminal acts, including assault or DUI crashes

While no amount of money can replace a loved one, a wrongful death claim can ease the financial burden of their loss and provide a sense of justice and closure.

South Carolina Wrongful Death Laws

Under South Carolina Code § 15-51-10, a wrongful death claim can be filed when a person’s death is caused by the “wrongful act, neglect, or default” of another. The claim must be filed in the same manner as the deceased person could have filed a personal injury lawsuit had they survived.

Statute of Limitations

In South Carolina, the statute of limitations for filing a wrongful death lawsuit is generally three years from the date of death. Missing this deadline can result in losing your right to seek compensation, so it’s important to contact a Greenville wrongful death attorney as soon as possible.

Distribution of Damages

Any damages recovered in a wrongful death case are distributed to the deceased person’s statutory beneficiaries according to South Carolina’s intestate succession laws—typically the surviving spouse and children. If there are no spouse or children, parents or other heirs may be eligible to recover damages.

Standard of Proof

To win a wrongful death case, the plaintiff must prove that the defendant’s negligence or misconduct directly caused the victim’s death. This often requires evidence such as accident reports, medical records, witness statements, and expert testimony.

Who Can File a Wrongful Death Lawsuit?

In South Carolina, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This individual may have been named in the deceased’s will or appointed by the court if no will exists.

While the executor files the claim, the beneficiaries of the lawsuit—those who receive the compensation—are typically the deceased’s:

• Surviving spouse
• Children
• Parents (if no spouse or children exist)
• Legal heirs (if no immediate family survives)

Compensation for Wrongful Death

The compensation available in a wrongful death claim is meant to address both economic and non-economic losses experienced by surviving family members.

Economic Damages

These include tangible financial losses such as:

• Funeral and burial expenses
• Medical bills related to the deceased’s final injury or illness
• Loss of the deceased’s income and benefits
• Loss of household services

Non-Economic Damages

These reflect the emotional and psychological impact of the loss, such as:

• Loss of companionship, care, and guidance
• Emotional pain and suffering of surviving family members
• Loss of consortium (for surviving spouses)

Punitive Damages

In cases involving gross negligence or willful misconduct—such as a fatal DUI crash or intentional harm—the court may award punitive damages to punish the wrongdoer and deter similar conduct in the future.

Why Choose Smith Born Leventis Taylor & Vega, LLC?

Our firm has earned a reputation for providing compassionate, results-driven legal representation to grieving families across South Carolina. When you work with our Greenville wrongful death attorneys, you can expect:

• Personalized attention and consistent communication
• Thorough investigation into the cause of your loved one’s death
• Aggressive negotiation with insurance companies and opposing counsel
• Trial-ready representation if litigation becomes necessary

We handle every case on a contingency fee basis, which means you pay nothing unless we recover compensation for your family.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in South Carolina?

You generally have three years from the date of death to file a wrongful death claim in South Carolina. However, it’s best to act quickly to preserve evidence and protect your right to recover damages.

Can I file a wrongful death claim if there’s a criminal case pending?

Yes. A wrongful death lawsuit is a civil action, separate from any criminal charges. You can pursue a civil claim for financial compensation even if a criminal case is still pending or if the defendant is not convicted.

How much is a wrongful death claim worth?

Every case is unique. The value depends on factors such as the deceased’s age, earning potential, medical expenses, and the circumstances surrounding the death. Our attorneys can help evaluate your claim during a free consultation.

What if my loved one was partially at fault?

South Carolina follows a comparative negligence rule, meaning you can still recover damages as long as your loved one was less than 51% at fault for the incident. However, the compensation will be reduced by their percentage of fault.

Contact a Greenville Wrongful Death Lawyer Today

If you’ve lost a loved one due to someone else’s negligence, you deserve justice and financial support. At Smith Born Leventis Taylor & Vega, LLC, our dedicated Greenville wrongful death attorneyss are here to help you hold the responsible party accountable and guide your family through this difficult time.

Call us at (803) 599-2207 to discuss your situation and take the next step toward reassurance and peace of mind.