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Whalen Montalvo

Gaffney Wrongful Death Lawyer

A tragic death by the reckless actions of another person demands justice. Whether a drunk driver, dangerous product, or some other form of negligence ended your loved one’s life, the damages are expensive and extensive.

Grief is heavy and exhausting. A Gaffney wrongful death lawyer will manage your case, ensuring that your claim or lawsuit results in the best outcome possible.

The negative impact on your quality of life is unjust. A Gaffney wrongful death lawyer will help you fight for a fair outcome for your heartbreaking loss.

What Does a Wrongful Death Lawyer Do?

Understanding Is Critical to Moving Forward

A wrongful death lawyer is a legal professional who specializes in handling cases where a person’s death has occurred due to the negligence, misconduct, or intentional actions of another party.

They help the surviving family members or beneficiaries pursue a wrongful death claim or lawsuit to seek compensation for their losses, including medical expenses, funeral costs, lost income, pain and suffering, and other damages associated with the death of their loved one.

The lawyer investigates the circumstances surrounding the death, gathers evidence, interviews witnesses, and builds a strong legal case to support their clients’ claims. They may negotiate with insurance companies or other parties involved and represent their clients in court if the case goes to trial.

Wrongful death lawyers manage the intricate details of your case. Get the help you need to fight for the justice your loved one deserves. Schedule a free consultation with a wrongful death attorney today.

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What Does it Take to Prove a Wrongful Death Case?

Proving Negligence Is Not Just Necessary; It Is Required

To prove a wrongful death case, the following elements typically need to be established:

  • Duty of care: You must demonstrate that the person or party being sued had a legal duty to act in a certain way or prevent harm to the deceased.
  • Breach of duty: You must show that the defendant breached their duty of care by acting negligently, recklessly, or intentionally.
  • Causation: It must be proven that the defendant’s breach of duty directly caused the death of the victim. This requires establishing a causal link between the defendant’s actions or omissions and the fatal incident.
  • Death of the victim: You have to prove that the individual in question died as a result of the incident caused by the defendant’s wrongful actions.
  • Damages: You need to demonstrate that the surviving family members have suffered quantifiable damages as a result of their loved one’s death. This can include financial losses, such as medical expenses and funeral costs, and noneconomic losses, such as lost companionship or emotional pain and suffering.

An experienced Gaffney wrongful death attorney will help you understand the specific elements and evidentiary requirements necessary to prove your case successfully.

Examples of Wrongful Death Cases

How a Split Second Can Change Everything

A wrongful death can happen indoors, outdoors, at work, or on the way to the store. It can affect the elderly, the middle-aged, the young professional, or a child. There is no place to hide and no way to avoid negligence.

Common examples of wrongful death cases include:

  • Motor vehicle accidents: drunk, distracted, aggressive, or drowsy drivers crashing into cars, trucks, motorcyclists, bicyclists, or pedestrians.
  • Defective products: poorly designed baby cribs, exploding products, or faulty car parts.
  • Medical malpractice: prescription mistakes, wrong-side surgery, or hospital-acquired infections.
  • Slip and fall accidents: death due to poor lighting, unsafe stairs, or cords across floors that result in severe head trauma.
  • Unsafe sports equipment: Defective sports gear that fails to protect athletes of all ages.

These are just a few examples of the types of wrongful death cases that are possible due to negligence. Negotiating for a fair settlement in any one of these scenarios is a serious matter.

Negotiating alone places victims of wrongful death at a disadvantage. Insurance companies are far too skilled for those without civil law experience. At best, those pursuing a claim receive a low-sum settlement meant to save the insurer money.

Whalen Montalvo Protect Your Peace and Your Best Interests

Insurance Companies Do Not Look Out for You. We Do.

No one should deal with a bully during a time of profound grief. Yet many victims of wrongful death encounter aggressive insurance adjusters eager to close a claim quickly.

Pressure, stress, and your time of mourning are not the time to make a significant decision alone. Deciding whether or not to accept an initial settlement is an important decision that can make or break your future.

A settlement offer may seem like the answer you need to pay your bills — now. Yet the amount offered may not be enough to cover your future needs. At Whalen Montalvo Attorneys at Law, we fight for fairness and justice. We do not settle for less than our clients deserve.

Protecting your best interests is critical during this most crucial time. A wrongful death claim or a lawsuit is your one chance at securing compensation for funeral and burial costs and other related expenses.

An insurance company representative may try to confuse or overwhelm you. While not fair or kind, it is one of many tactics used to secure quick closure to claims.

You can protect your peace and your best interests by hiring an experienced Gaffney wrongful death lawyer today. Choosing Whalen Montalvo Attorneys at Law is essential for moving your case forward.

Why Choose Us for Your Gaffney Wrongful Death Case

We Understand South Carolina Civil Laws

At Whalen Montalvo, Attorneys at Law have what it takes to take on your wrongful death case. From negotiating with insurance companies to presenting your case at trial, we do what it takes to secure a fair outcome.

We believe communication is critical to client satisfaction. No one case is alike, making it imperative that we work closely with clients to understand their loved ones and what caused their death.

Attorney James Whalen

James Whalen is a Greenville native who gained experience in the Court of Federal Claims in Washington, D.C. This experience motivated him to become a trial lawyer.

James’s work with the 13th Circuit Solicitor’s office and a National Highway Transportation Safety Administration grant gave him multiple legal skills and knowledge. He applies this experience to fatal car accidents and wrongful death cases.

Attorney Eric Montalvo

Eric Montalvo is an experienced lawyer with a 20-year United States Marine Corps career as a leader and judge advocate. As a military prosecutor, he managed cases involving accused drunk drivers.

His military experience provides him the skills to pursue justice on behalf of those who died due to negligence. No matter how your loved one died, Eric will work diligently to secure as positive an outcome as possible.

James and Eric understand that wrongful death cases are deeply emotional. Their sincere compassion for clients is evident in their manner and tone. At the same time, neither James nor Eric hold back when aggressively pursuing compensation for your loss.

Choosing the right lawyer for your Gaffney wrongful death case is vital. For those who lost a loved one due to negligence, look no further than Whalen Montalvo Attorneys at Law.

How We Help

Focus And Determination Are Among Our Core Values

Digging into the details of your loved one’s accident is something you should not do. Reliving the events of their untimely death can gravely impact your existing grief.

Whalen Montalvo Attorneys at Law help those left behind by managing the intricate details of their case. The first step in the legal process is typically a wrongful death claim made against the responsible party’s insurer.

Most civil cases settle without ever seeing the inside of a courtroom. The negotiation process saves both sides time and money, such as court costs.

However, some cases are more complex and require a trial to pursue the best outcome. Your case has one shot before a judge and a jury. The skills and experience of a seasoned trial lawyer are critical to the outcome of your case.

Let us do the heavy lifting of your wrongful death case. We will remove the burden of building a case from you and shoulder it ourselves. Civil law is what we do, and we stand ready to put our skills to work on your Gaffney wrongful death case.

Wrongful Death FAQs

A Gaffney wrongful death attorney answers frequently asked questions:

What damages can be recovered in a wrongful death lawsuit?

The damages that can be recovered in a wrongful death lawsuit may include compensation for medical expenses, funeral and burial costs, lost earnings, loss of companionship, pain and suffering, and potentially punitive damages.

Is there a time limit for filing a wrongful death lawsuit?

There is a statute of limitations for filing a wrongful death lawsuit. The time limit varies by jurisdiction, so it’s essential to consult with an attorney to understand the specific deadline in your case.

Do wrongful death cases always go to trial?

A settlement agreement can be reached outside of court. However, the case may proceed to trial if a fair settlement cannot be achieved.

Can criminal charges be filed in addition to a wrongful death lawsuit?

Criminal charges may be filed against the responsible party, depending on the circumstances. The outcome of a criminal case is separate from a wrongful death lawsuit and focuses on punishment rather than compensating the survivors.

How long does a wrongful death lawsuit take?

The duration of a wrongful death lawsuit can vary significantly. It depends on several factors, including the case’s complexity, the involved parties’ cooperation, court schedules, and potential appeals.

A free consultation with a Gaffney wrongful death lawyer is your opportunity to learn more about your legal options. It is your no-obligation chance to learn if you have a case and, if so, how to proceed. You will find our team friendly and helpful throughout our entire office.

Delayed Loss and Wrongful Death

The loss of a loved one is not always immediate. A traumatic accident may result in severe injuries that keep your loved one in the hospital or trauma center for some time.

Some wrongful death cases begin as personal injury cases. A case may move from a personal injury case to a wrongful death once the victim dies from their injuries.

The statute of limitations for a wrongful death case begins the moment your loved one dies. You must take immediate steps toward contacting Whalen Montalvo Attorneys at Law.

Time passes quickly when you experience a sudden and heartbreaking loss. The courts generally do not grant extensions, so you must file your civil lawsuit promptly.

As difficult as it is, your life must go on as you pick up the pieces and return to work or other daily routines. Adjusting to life without your loved one is difficult enough without the everyday stress of managing your case.

If your loved one suffered severe harm due to negligence and later died from that harm, hire a Gaffney wrongful death attorney without delay.

Your Gaffney Wrongful Death Lawyer

Whalen Montalvo Attorneys at Law

A sudden knock at your door or phone call with devastating news changes your life forever. Additional news alerting you that negligence caused your loss is maddening.

The loss of a spouse can impact your monthly finances, while the tragic loss of a child may result in unplanned funeral costs. The financial impact of lost wages and unexpected expenses only add to your grief and stress.

Some wrongful death damages are less tangible. Loss of companionship is one example of a priceless loss. Noneconomic damages are as significant as economic damages, yet it is harder to assign a monetary cost.

Our experience allows us to ensure that insurers, judges, or juries fully grasp the true impact of negligence on your life.

If you lost a close loved one due to a most likely preventable accident, call us today to schedule a free consultation: (864) 770-7710.

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.