Clinton Wrongful Death Lawyer
The unexpected loss of someone dear to you is devastating. Surviving family members often struggle to pick up the pieces and regain their footing. In addition to dealing with the grief and anguish that come with a sudden loss, families are often left struggling financially. When someone else’s negligence or wrongdoing caused the death, it only compounds the anger, grief, and sense of injustice you feel.
If you lost a family member due to another person’s actions in Greenville, Spartanburg, Laurens, or another surrounding Upstate county, please know that you have legal rights. You owe it to yourself to explore your legal options to hold the responsible parties accountable.
At this difficult time, turn to a compassionate and knowledgeable Clinton wrongful death lawyer at Joye Law Firm. We’ll help lift some of the burden and fight for the compensation and justice your family deserves.
Contact us today for a free consultation and learn how we can help.
Table of Contents
- How Joye Law Firm Can Help with Your Clinton Wrongful Death Claim
- What Is Wrongful Death in SC?
- Examples of Wrongful Death Cases
- Who Can I Hold Liable for Wrongful Death?
- Who Can Bring a Wrongful Death Action in SC?
- How to File a Wrongful Death Lawsuit in Clinton, SC
- Damages You Can Recover from a SC Wrongful Death Claim
- South Carolina Statute of Limitations for Wrongful Death Lawsuits
- What if My Loved One Partly Caused the Accident?
- Clinton Wrongful Death FAQs
- Contact a Trusted Clinton Wrongful Death Lawyer to Talk About Your Case Today
How Joye Law Firm Can Help with Your Clinton Wrongful Death Claim
When you’ve suffered the ultimate loss because of someone else’s actions, you need a wrongful death lawyer you can trust to get results. Your lawyer will make sure you’re not saddled with medical and funeral bills because of someone else’s negligence.
When you work with a Clinton wrongful death lawyer at Joye Law Firm, we will:
- Meet with you for a free, no-obligation case evaluation to discuss what happened and your legal options
- Thoroughly investigate the incident to gather evidence, interview witnesses, and determine liability
- File all necessary paperwork and handle communications with insurance companies and opposing counsel
- Consult experts to strengthen your case. We work closely with accident reconstruction specialists, medical professionals, mental health experts, vocational experts, life care planners, and others to help tell our client’s story.
- Aggressively negotiate for a fair settlement that covers all your damages
- Have a highly skilled trial lawyer argue your case in court, if necessary
- Charge no upfront fees and with our No Fee Guarantee, you will only owe attorney fees when we win your case
Joye Law Firm has a long track record of success in securing compensation for grieving families.
Some of our most notable wrongful death case results include:
- $262.5 million verdict for a family that lost a child due to a defective car door latch. The case remains the largest personal injury verdict in South Carolina history, and it triggered a nationwide recall of the defective part, potentially saving countless more lives.[RK2]
- $17 million verdict for the family of a married couple, who along with their infant son, were killed in a fiery trucking accident when driving home from Disney World.
- $1.9 million settlement for the family of a child tragically killed by a car.
While every case is unique, we strive to obtain the maximum recovery possible for each client we represent. At Joye Law Firm, we believe wrongdoers should be held accountable for all the damage they cause, not just some of it.
What Is Wrongful Death in SC?
Under South Carolina law, a wrongful death occurs when a person dies due to the “wrongful act, neglect, or default” of another party. Further, the law says that civil action can be taken if the deceased person could have filed a personal injury lawsuit against that party if they had lived.
In other words, if the negligent, reckless, or intentional actions of a person or entity caused your loved one’s death, you likely have grounds for a wrongful death action.
Wrongful death cases are civil lawsuits where surviving family members or personal representatives of the deceased person’s estate sue the at-fault party to seek compensation for their losses.
This is separate from any criminal charges the state may bring against the responsible party, though some wrongful death claims stem from criminal acts.
Examples of Wrongful Death Cases
Some common scenarios include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Slip and fall accidents on someone else’s property
- Defective products, including dangerous drugs and faulty vehicle parts
- Medical malpractice, such as surgical errors, misdiagnosis, medication mistakes, etc.
- Nursing home abuse and neglect
- Workplace accidents, especially in industries like construction, manufacturing, agriculture, etc.
- Animal attacks
- Violent assaults and attacks due to negligent security
This list is not exhaustive. If you believe another party may be at fault for a family member’s death, ask a lawyer to assess your case.
Who Can I Hold Liable for Wrongful Death?
Whether a party can be held liable depends on the circumstances.
Some possibilities include:
- The driver at fault for a fatal car accident due to distracted driving, speeding, driving under the influence, or disobeying traffic laws
- The trucking company that employed a negligent truck driver or failed to maintain their fleet
- A business owner who failed to fix a hazardous property condition
- The manufacturer of a defective product
- A doctor, nurse, hospital, or another healthcare provider that provided substandard care
- An abusive caregiver or negligent nursing home
- A property owner who failed to provide adequate security measures, enabling a violent crime
- An animal owner that fails to secure their pets, resulting in a bite or attack
- An employer that failed to follow workplace safety regulations
Sometimes, multiple parties share liability. For example, after drinking at a bar, a truck driver gets behind the wheel. Because they are driving under the influence, they cross the center line and cause a fatal head-on collision. In this scenario, your attorney may hold not only the driver accountable, but also their employer, who failed to properly vet their driver, and possibly the bar, too, if they knowingly over-served the drunk driver.
Who Can Bring a Wrongful Death Action in SC?
In South Carolina, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This is often a surviving family member. While this personal representative brings the claim, they do so on behalf of the deceased person.
The surviving family members who may recover damages in a South Carolina wrongful death case include:
- The surviving spouse and children of the deceased
- If there is no surviving spouse or children, then the surviving parents of the deceased
- If there is no surviving spouse, children, or parents, then the heirs of the deceased
Speak with a Clinton wrongful death attorney at Joye Law Firm to determine who may bring a claim in your case.
How to File a Wrongful Death Lawsuit in Clinton, SC
The first step in filing a claim is to contact one of our wrongful death lawyers as soon as possible. They can assess the viability of your case and will advise you of your legal options in a free and confidential consultation.
If you decide to move forward, your attorney will:
- Investigate the incident that caused your loved one’s death to gather evidence of negligence/fault, such as photos, video footage, police reports, medical records, witness statements, expert opinion, etc.
- Identify all liable parties and insurance policies that may provide compensation.
- Calculate the full extent of your damages, including economic and non-economic losses.
- File a wrongful death lawsuit in civil court and serve the defendant(s).
- Engage in pre-trial discovery, including interrogatories, depositions, etc.
- Attempt to negotiate a fair settlement with the other side.
- If the at-fault party refuses to negotiate a reasonable settlement, take your case to trial and present it to a jury.
Having a skilled Clinton lawyer manage this process for you ensures your rights are protected, and it gives you the best chance at securing justice for your family.
Damages You Can Recover from a SC Wrongful Death Claim
A successful wrongful death lawsuit can provide compensation for losses such as:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Lost wages and benefits they would have earned had they lived
- Property damage from the incident, such as vehicle repairs after a fatal car accident
- Your family’s pain, suffering, and mental anguish
- Loss of your loved one’s care, companionship, and support
Some of these damages, like medical bills, are called “economic damages,” and they carry a precise dollar amount. Others, like pain and suffering, are “non-economic,” and their value is more subjective. In some cases, like drunk driving wrecks, the victim may be eligible to receive “punitive damage,” which are designed to punish and dissuade bad behavior. Your attorney will know how to calculate and pursue the maximum compensation you deserve.
South Carolina Statute of Limitations for Wrongful Death Lawsuits
In South Carolina, the statute of limitations is three years from the date of the person’s death, though there are a few exceptions. Your attorney can determine what timelines apply to your case.
If you try to file a lawsuit after this three-year window has passed, the court will almost certainly dismiss your case. No matter how strong your case is, you will lose your right to compensation.
To avoid this, speak to an Upstate wrongful death lawyer as soon as possible so they can get started on your case well before the statute of limitations becomes an issue.
What if My Loved One Partly Caused the Accident?
In some situations, the deceased person may have been partially at fault for the incident that caused their death. For example, maybe they were looking at their phone while crossing the street as a speeding driver struck and killed them.
Under South Carolina’s modified comparative negligence rule, you can still recover compensation for wrongful death as long as the victim was 50% or less at fault for the accident. However, in a trial verdict, your recovery will decrease in proportion to their share of fault.
Even if you believe your family member was partly responsible for their death, don’t let that stop you from speaking to a wrongful death attorney. At-fault parties may try to shift the blame on your loved one since they cannot speak up for themselves. Your attorney will thoroughly investigate what actually happened and can determine what percentage of fault your loved one may bear. Then, your attorney can help you pursue money from the other negligent parties involved.
Clinton Wrongful Death FAQs
Q: What’s the difference between a wrongful death claim and a criminal case?
A: A wrongful death claim is a civil lawsuit brought by the family to pursue financial compensation from the at-fault party. The state files criminal cases to pursue penalties, like imprisonment and fines. While the same act may lead to both types of cases, they are separate legal actions with different burdens of proof and different purposes.
Q: How much does hiring a Clinton wrongful death lawyer cost?
A: Most wrongful death lawyers work on a contingency fee basis. This means you pay no upfront fees and your attorney only collects a fee if they win compensation for you. At Joye Law Firm, we take it a step further by offering our exclusive “No Fee Guarantee.” If a lawsuit has not been filed, our firm promises to never take an attorney fee larger than the amount our client receives. If necessary, we will reduce our legal fee to make this happen. We think this is only fair since our clients are the ones who suffered the injury and deserve the maximum compensation. Unfortunately, not all law firms offer this level of assurance.
Q: How much is the average wrongful death settlement?
A: The value of a wrongful death case depends on many factors, including the circumstances of the death, the amount of insurance coverage available, and the extent of the surviving family’s losses.
An attorney can give you a better idea of what your case may be worth after reviewing the full details.
Q: How long does a wrongful death lawsuit take?
A: The timeline of a wrongful death case varies. Some cases may settle in a matter of months, while others that go to trial may take one to two years or more.
While we know you want to resolve your case quickly, we also believe in fighting as long as necessary to get you the best possible outcome. Your attorney will help you understand how long your case will take and keep you updated every step of the way.
Q: What if my loved one didn’t have any income?
A: You can still file a wrongful death claim even if your family member was not employed at the time of their death, such as if they were a child, student, stay-at-home parent, retired, or simply unemployed.
While you may not recover compensation for lost earnings, you can still pursue significant damages for medical bills, funeral expenses, loss of companionship, pain and suffering, and more.
Contact a Trusted Clinton Wrongful Death Lawyer to Talk About Your Case Today
Mark Joye, Clinton Wrongful Death Attorney
If you lost a close relative in an accident, the compassionate attorneys at Joye Law Firm’s Clinton office are here for you. Let us handle the legal burden of your wrongful death claim, so you can focus on honoring your loved one’s memory and healing from the ordeal.
Our wrongful death attorneys have over 300 years [RK1] [NC2] of combined legal experience. Several of our lawyers have earned recognition from the Best Lawyers in America, Super Lawyers, and National Trial Lawyers Top 100 Trial Lawyers.
Most importantly, we truly care about our clients. We know you are going through one of the worst experiences imaginable. You can count on your lawyer to treat you and your case with the utmost compassion, dedication, and professionalism.
Read through our client testimonials to see our commitment to stellar client service and tireless advocacy.
Joye Law Firm – Clinton Office
509 N Broad St,
Clinton, SC 29325
(864)697-1375
