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Losing someone you love because of another person’s negligence changes everything at once. You are grieving. At the same time, you may be facing funeral costs, lost income, and unanswered questions.
At Hite Law Firm, we represent Greenwood, South Carolina families who have lost a loved one to a preventable accident. Our team has spent decades handling fatal accident cases across the Upstate. We know how to build the kind of case that holds a negligent party accountable. When you are ready to talk with a Greenwood wrongful death lawyer, reaching out costs you nothing.
What a Wrongful Death Claim Covers
South Carolina law allows the family of someone killed by another party’s negligence, recklessness, or intentional act to pursue a civil wrongful death claim. This right comes from South Carolina Code Section 15-51-10. It lets the personal representative of the deceased person’s estate bring the action on behalf of the surviving beneficiaries.
A wrongful death claim is separate from any criminal charges tied to the same incident. The two proceed independently, and a criminal conviction is not required to win a civil case. In a criminal matter, prosecutors must prove guilt beyond a reasonable doubt. In a civil case, the standard is a preponderance of the evidence. That means it is more likely than not that the defendant’s conduct caused the death. Many Greenwood families come to us after a case was never criminally prosecuted, unsure whether they have any options left. In most situations, they still do.
Talking with a Greenwood wrongful death attorney early costs nothing and helps you understand your family’s legal options.
Who Can File a Greenwood Claim
State law requires the personal representative of the estate to file the lawsuit. This is usually the executor named in the deceased person’s will. If there is no will, the Greenwood County Probate Court appoints an administrator to serve in that role. Either way, the representative acts on behalf of the surviving family, not on behalf of the estate’s creditors or other outside interests.
Recovery from the claim is distributed according to a set order under South Carolina law:
- The surviving spouse and children receive compensation first.
- If there is no surviving spouse or children, the deceased’s parents are next in line.
- If none of the above survive, other heirs under South Carolina’s intestacy laws may receive compensation.
Each beneficiary’s share reflects the relationship they had with the person who was lost. It also reflects the losses that relationship’s absence has caused. We regularly work with Greenwood County Probate Court to get a personal representative appointed quickly. That way, the civil claim does not stall while paperwork is pending.
Common Causes of Fatal Accidents in Greenwood
Greenwood sits at the intersection of busy commuter routes and a growing manufacturing base. That combination shapes the kinds of fatal accidents our office sees. Highway 25, Highway 72, and the streets feeding into Uptown Greenwood carry heavy daily traffic. Commuters, delivery trucks, and pedestrians all share those roads. Manufacturing accounts for roughly a quarter of the local workforce. That means a steady flow of freight trucks moves through the county on top of everyday commuter traffic. According to SCDPS collision data, Greenwood County recorded 65 traffic deaths between October 2019 and September 2024. That number includes drivers, passengers, and pedestrians.
Common fatal incidents in Greenwood include:
- Car accidents along Highway 25, Highway 72, and the county’s rural two-lane roads
- Commercial trucking accidents tied to Greenwood’s manufacturing and freight corridors
- Medical malpractice, including delayed diagnosis or treatment errors at area hospitals and clinics
- Nursing home neglect affecting residents in Greenwood County care facilities
- Motorcycle accidents on rural stretches of Highway 25 and around Lake Greenwood
| Cause | Contributing Factors | Potentially Liable Parties |
|---|---|---|
| Car accidents | Distracted or drunk driving, speeding on Highway 25 and Highway 72 | Negligent drivers, vehicle owners |
| Trucking accidents | Driver fatigue, improper loading, freight tied to local manufacturing traffic | Trucking companies, drivers, cargo loaders |
| Medical malpractice | Delayed diagnosis, medication errors, surgical mistakes | Hospitals, physicians, medical staff |
| Nursing home neglect | Understaffing, inadequate supervision, medication mismanagement | Care facility owners and operators |
| Motorcycle accidents | Failure to yield, unsafe lane changes by other drivers | Negligent drivers, roadway maintenance authorities |
Note: This table reflects general categories of negligence recognized under South Carolina law and is not a substitute for a case-specific legal evaluation.
Every one of these cases starts the same way. Something a reasonable, careful party would have avoided caused a preventable death.
What a Wrongful Death Case Must Prove
To win a wrongful death claim in Greenwood, the personal representative must establish four elements on behalf of the surviving family:
- Duty of care. The at-fault party owed your loved one a legal responsibility, such as a driver’s duty to others on the road or a hospital’s duty to a patient.
- Breach of duty. That party failed to meet the responsibility through carelessness, recklessness, or wrongful conduct.
- Causation. The breach directly caused the death, not just the circumstances surrounding it.
- Damages. The surviving family suffered measurable losses, financial and otherwise, because of the death.
One detail we watch closely: how the coroner’s report characterizes contributing factors in the death. Most families never think to ask about it. Insurance adjusters often lean on that language, rather than the official cause of death, to argue shared fault months into a claim. Reviewing that report early, before an adjuster builds a narrative around it, is one of the first steps our attorneys take on a new case.
“Professional, compassionate service. Highly recommended.”
Renee S.
Compensation Available in a Wrongful Death Case
Recoverable damages reflect what surviving loved ones have lost, not only what the deceased person suffered. They fall into two categories, and both are typically pursued together.
Wrongful Death Action Damages
These losses belong to the surviving beneficiaries directly:
- Lost income and financial support your loved one would have provided
- Loss of care, guidance, and companionship
- Grief and mental anguish experienced by surviving family members
- Loss of the marital relationship for a surviving spouse
- Funeral and burial expenses
Survival Action Damages
A survival action is a separate filing brought by the estate. It recovers what your loved one personally experienced between the injury and their passing:
- Medical expenses incurred before passing
- Physical pain and suffering endured before death
- Lost wages during any period of incapacity before passing
Can Punitive Damages Apply?
In cases involving especially reckless conduct, South Carolina courts may also award punitive damages. Examples include a drunk driver or a severely negligent care facility. These damages are meant to punish the responsible party and deter similar conduct. Our attorneys evaluate whether the facts support a punitive damages claim from day one.
South Carolina’s Filing Deadline
South Carolina gives survivors three years from the date of a loved one’s passing to file a wrongful death lawsuit, under S.C. Code Section 15-3-530. Missing that deadline, in most circumstances, means the right to recover compensation is gone permanently.
There are exceptions worth knowing about. If a government entity or employee was involved, the filing window may shrink to as little as two years. Additional notice requirements apply in those cases. Three years can feel like plenty of time while you are grieving, but evidence does not wait. Witness memories fade, surveillance footage gets overwritten, and physical evidence disappears from a scene within days.
Reaching out to our office today helps protect the evidence and the deadline your family needs. You do not have to decide anything else yet.
When the Fatal Incident Happened at Work
When a loved one dies in a workplace accident, workers’ compensation is usually the only remedy against the employer. That does not mean your family’s options end there.
A third party might still share responsibility. This could include a subcontractor, an equipment manufacturer, a property owner, or another driver. If that is the case, a separate civil claim may still be available. It can proceed alongside the workers’ compensation filing.
Our attorneys review every work-related death for third-party liability. Workers’ compensation benefits are capped by statute. A third-party civil claim is not capped the same way. It can recover damages for pain and suffering that workers’ compensation does not provide.
When a Serious Injury Becomes Fatal
Sometimes our firm is already representing a Greenwood client for a catastrophic injury when their condition turns fatal. When that happens, we handle the transition to a wrongful death claim ourselves. Your family will not need to start over with a new attorney at the hardest possible time. The investigation, evidence, and relationships we have already built continue to serve the case.
“The attorneys and staff at Hite Law Firm are professional in every aspect of their practice. They deliver excellent client service in a prompt and efficient manner.”
Josh G.
Why Greenwood Families Choose Hite Law Firm
Our wrongful death attorneys have handled fatal accident matters for more than 40 years. We handle Greenwood wrongful death cases on a contingency fee basis. There is no cost to start. Nothing is owed unless we recover compensation for your family.
Our attorneys have earned the AV Preeminent rating from Martindale-Hubbell and recognition from Super Lawyers. We bring that same level of preparation to every family we represent. That holds true whether the case settles or heads to trial.
Hite Law Firm has secured significant results for South Carolina families who lost loved ones to negligence. Our wrongful death cases include a $1.87 million settlement in a trucking accident matter that resulted in a death.
Past results do not guarantee a specific outcome in any individual case. They reflect what is possible with committed, experienced legal representation from the start.
Talk to a Greenwood Wrongful Death Attorney
No family should have to manage a legal process on top of everything else a sudden loss demands. That is exactly why our firm exists: to carry the legal weight so you can carry your family through this difficult time.
From the moment you contact us, we get to work. We learn your loved one’s story and gather the evidence that supports your claim. Then we deal directly with insurance companies and opposing counsel on your behalf. You will always know how your case is progressing, without having to chase down updates.
When your family is ready, a conversation with our Greenwood wrongful death lawyers costs nothing and commits you to nothing. We are here whenever you need us.
