(864) 582-0416 The main idea behind a typical civil lawsuit is to help get an injured person back to how things were before the injury by making the people at fault pay for their injury-related losses. However, if someone’s reckless or careless actions directly cause another person’s death, the point of a civil lawsuit becomes helping the deceased’s loved ones deal with the long-term impact of that loss.
Pursuing a wrongful death case is especially tough, and it’s not something you should have to handle alone. From start to finish, a Greenville wrongful death lawyer from Holland & Usry can be a reliable, steady presence for your whole family. Our personal injury attorney will work hard to get you a solid outcome based on your specific situation. Call now for a FREE case review.
When someone gets charged with a crime related to a wrongful death, the goal is to punish that person for their unlawful actions—usually with fines, jail, or prison time. Because a criminal conviction can seriously affect someone’s life, prosecutors have to prove their case “beyond a reasonable doubt,” meaning the jury can’t have any real questions about whether the person actually committed the crime.
But when someone files a wrongful death claim in civil court, the goal is to hold that person financially responsible for the harm they caused—even if it wasn’t illegal or on purpose. In fact, someone can be found liable in civil court even if they were never criminally charged or were found not guilty in a criminal trial.
These cases rely on a different standard: “preponderance of evidence.” It’s a lower bar than in criminal court, and it means “ a little more likely than not.” A Greenville wrongful death attorney can explain more.
South Carolina law allows only the personal representative of the estate to file a wrongful death lawsuit after a fatal accident. The lawsuit is filed on behalf of beneficiaries, who are set by law. The first ones are the deceased person’s spouse and children. If there are none, then their parents can file, and if there are no surviving parents, then other heirs who would inherit from the estate can step in. People who qualify to file usually have only two or three years from the date of the accident to do so.
The kinds of losses included in wrongful death cases are also a bit different from those in regular personal injury claims. These lawsuits are meant to help surviving family members rather than the person who was injured. A seasoned Greenville fatal accident lawyer can guide you in figuring out fair values and fighting for compensation for things like:
If your close family member died in a preventable accident, you already know there’s no way to put a price on what you’ve lost. But going after compensation for the real, specific ways your loved one’s death will affect your life—and your family’s future—can still be incredibly important.
At Holland & Usry, we’ve spent years helping families just like yours with cases like these. We’re here to give you the caring and strong legal support you need to get the best possible results. Reach out for a FREE case review to talk through your options and find out how a Greenville wrongful death lawyer can help.
