Greenville Wrongful Death Lawyer
The death of a family member can leave you grieving while practical and legal questions begin almost immediately. Insurance companies or other parties may request statements, records, or decisions before your family has had time to process what happened. A Greenville wrongful death lawyer can handle those communications and help protect your family's interests.
At Mooneyham Berry, we bring more than 40 years of combined experience to representing families after a death caused by negligence or wrongdoing. Our attorneys investigate what happened, explain the legal options available to your family, and take on the demands of the claim while you focus on each other.
If your family has lost someone because of another party's actions, contact Mooneyham Berry and tell us what happened when you are ready.
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What a Wrongful Death Claim Means for Families
A wrongful death claim is a civil action when another person's or company's wrongful act, neglect, or default causes a death. Under South Carolina law, the person who died must have been able to bring a claim for the injury had they survived. The wrongful death action seeks compensation for losses the death caused surviving family members.
A wrongful death lawsuit is separate from any criminal case. South Carolina law allows a civil claim even when the circumstances surrounding the death could also result in criminal charges. A family may pursue its claim whether or not criminal charges are filed. When both proceedings exist, the personal injury lawyers at Mooneyham Berry can help the family understand how they may affect one another.
No amount of compensation replaces the person who died. A wrongful death claim can, however, address financial and personal losses left behind, including lost support, funeral expenses, and the loss of companionship. Mooneyham Berry handles the legal demands of the claim while advocating for the interests of the family.
Who Can File a Wrongful Death Lawsuit
In South Carolina, a wrongful death lawsuit must be brought by the personal representative of the estate. That person acts as the executor or administrator of the person who died. A family member generally may not file a wrongful death lawsuit in their own name.
If the person left a will, the named executor usually serves as the personal representative. If there was no will, the probate court appoints an administrator. In Greenville County, that process goes through the Greenville County Probate Court. If family members disagree about who should serve, the court may need to resolve the issue.
The recovery benefits specific family members in this order:
- Surviving spouse and children.
- Parents, if there is no spouse or child.
- Heirs, if there are no parents.
Deadlines can continue running while a family determines who will serve as personal representative. Opening the estate promptly can help avoid unnecessary delay. Mooneyham Berry can explain the process and help the family understand the decisions involved.
Before signing a release or giving a recorded statement to an insurer, consider having an attorney review what is being requested. Those decisions can affect the family's claim.
How Wrongful Death Claims Can Arise
A wrongful death claim can arise from many forms of negligence or wrongdoing. Identifying how the death occurred helps determine who may be responsible and what evidence needs to be preserved.
Mooneyham Berry represents families in wrongful death claims involving circumstances such as:
- Car accidents: A fatal collision may involve one or more negligent drivers and multiple insurance policies.
- Truck accidents: Commercial truck crashes may involve the driver, motor carrier, or other parties responsible for the vehicle or load.
- Motorcycle accidents: A fatal motorcycle collision may result from another driver's negligence, unsafe road conditions, or other causes.
- Premises liability: Fatal falls, unsafe property conditions, or inadequate security may lead to a claim against those responsible for the property.
- Nursing home abuse: Neglect or mistreatment in a care facility may contribute to a resident's death.
- Defective products: A dangerous or defective product may result in a fatal injury and potential liability for a manufacturer or other party.
- Police misconduct: A death involving law enforcement may raise different questions under state or federal law.
When a public employee or government agency may be responsible, different rules and deadlines can apply. Mooneyham Berry also handles
government liability claims when the circumstances support one.
Wrongful Death After Medical Negligence
Medical malpractice is a significant part of Mooneyham Berry's litigation practice. When medical negligence results in death, the family may have grounds for a wrongful death claim. Not every poor medical outcome results from negligence, so determining what happened often requires careful review of the medical record.
South Carolina also requires specific steps before a medical malpractice lawsuit. A Notice of Intent to File Suit and an expert affidavit are generally required, followed by pre-suit mediation. Mooneyham Berry has litigated medical negligence claims involving physicians in multiple specialties, including neurosurgeons and pediatricians.
Fatal medical negligence can take different forms. A delayed or missed diagnosis may allow cancer, infection, or another serious condition to progress without timely treatment. Hospital negligence may involve failures in monitoring or responding to a patient's changing condition. Surgical, anesthesia, medication, and emergency care errors can also have fatal consequences.
Our attorneys review medical records, imaging, lab results, and monitoring data to understand what occurred. When appropriate, we work with qualified medical experts to evaluate whether the care met the applicable standard.
Wrongful Death Compensation and Damages
South Carolina wrongful death damages focus on the losses suffered by the surviving beneficiaries. Courts recognize both financial and personal losses resulting from the death.
Compensation may include:
- Lost financial support: Income and benefits the person would have contributed to the family.
- Loss of companionship and guidance: The loss of a spouse, parent, child, or other qualifying family relationship.
- Grief and emotional suffering: Mental anguish, grief, and sorrow resulting from the death.
- Loss of services: Household care, childcare, and other support the person provided.
- Funeral expenses: Reasonable funeral costs may be recovered, but cannot be duplicated between wrongful death and survival claims.
South Carolina law also permits exemplary damages when the conduct causing the death involves recklessness, willfulness, or malice.
Wrongful Death and Survival Claims Are Different
A family may have both a wrongful death claim and a survival action. The wrongful death claim addresses losses suffered by the beneficiaries after the death. A survival action preserves claims the person could have pursued and may include medical expenses, conscious pain and suffering, and mental distress experienced before death.
Mooneyham Berry evaluates both claims when the circumstances support them so the losses are documented under the appropriate action.
In medical malpractice cases, South Carolina law limits certain non-economic damages. Those limits do not apply the same way to every loss or every defendant, so we evaluate how they apply to the specific claim.
Court Approval for a Wrongful Death Settlement
South Carolina requires court approval of a wrongful death or survival settlement. Depending on the case, approval may come from a probate court, circuit court, or federal court. Only the duly appointed personal representative has authority to settle the claim
.
The court reviews information about the death, potential liability, available insurance, proposed settlement, and beneficiaries. Attorney fees and costs must also be disclosed when the personal representative has legal counsel. The court then determines whether to approve the proposed settlement.
Mooneyham Berry guides families through the required filings and hearing so they understand what the court is reviewing and why.
How Mooneyham Berry Investigates a Wrongful Death Claim
A wrongful death investigation begins with determining how the death occurred and preserving evidence that may establish responsibility. The evidence needed depends on the circumstances, but our attorneys may:
- Obtain crash reports, incident reports, or medical records.
- Review coroner and autopsy records when relevant.
- Preserve surveillance footage, vehicle data, equipment, or other physical evidence.
- Identify insurance coverage and potentially responsible parties.
- Consult qualified experts when technical or medical questions arise.
- Document the financial and personal losses caused by the death.
Mooneyham Berry prepares wrongful death claims with litigation in mind rather than assuming a case will settle. We keep families informed as evidence is gathered and important decisions arise.
Some evidence can disappear quickly. Video may be overwritten, while vehicles, equipment, or property conditions may change. Beginning the investigation early can help preserve evidence showing what happened and who may be responsible.
First Steps and Deadlines After a Wrongful Death
The first weeks after a death can be difficult, but a few practical steps may help preserve a potential claim:
- Keep the death certificate, medical bills, and funeral invoices.
- Save messages, photographs, reports, and other records related to the death.
- Avoid signing releases or accepting early settlement offers without legal advice.
- Limit public posts about the death and the people involved.
- Ask about opening the estate so a personal representative can be appointed.
South Carolina generally gives families three years from the date of death to file a wrongful death lawsuit. Different deadlines can apply when a government entity is involved. Under the South Carolina Tort Claims Act, an action generally must begin within two years. A three-year period may apply when a qualifying claim is first filed under the Act.
Medical malpractice claims also have specific timing rules, and filing a Notice of Intent to File Suit can affect the applicable deadline. Mooneyham Berry evaluates deadlines early while helping the family preserve evidence and address the steps required to pursue the claim.
Experience Behind Your Family's Wrongful Death Claim
Wrongful death claims can involve disputed liability, complex evidence, insurance coverage, and defendants prepared to contest responsibility. Mooneyham Berry brings more than 40 years of combined experience to these cases, including extensive trial and appellate work in South Carolina courts.
Our attorneys' experience includes more than 100 cases tried to verdict, arguments before the South Carolina Court of Appeals and Supreme Court, and membership in the American Board of Trial Advocates. The firm also brings experience from both plaintiff and defense litigation.
Families should not have to manage the legal demands of a wrongful death claim while also dealing with the loss itself. Our attorneys take responsibility for investigating the case, communicating with insurers and opposing parties, and preparing the claim for litigation when necessary.
We also believe families deserve to understand what is happening with their case. Mooneyham Berry keeps clients informed, answers questions directly, and gives families the information they need to make important decisions. When responsibility is disputed, we advocate for their interests, allowing them to remain involved at a level that feels manageable.
Talk With a Greenville Wrongful Death Lawyer
We are sorry for the loss your family is facing. You should not have to learn probate rules, court procedures, and insurance requirements while you are grieving. At Mooneyham Berry, we can help you understand your options under South Carolina law and take on the legal responsibilities that come with pursuing a claim.
We start by listening to what happened. From there, our attorneys review the available records, investigate who may be responsible, and explain what the process may require. We protect your family's interests while keeping you informed about the decisions that affect the case.
Our office is located at 1225 S Church Street in Greenville, and we represent families throughout South Carolina. If you believe negligence or wrongdoing contributed to your loved one's death, contact Mooneyham Berry when you are ready to talk about what happened.