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Whalen Montalvo

Mauldin Wrongful Death Lawyer

Losing a loved one is always hard. When they are taken by unlawful behavior, the pain can be even greater. Mauldin wrongful death lawyers fight to get victims’ family members relief through compensation. Although no amount of money can bring someone back, it can help relieve some of the stress and pain victims’ family members must face.

Why Choose Us?

Skilled and Compassionate

At Whalen Montalvo, we offer our wrongful death clients seasoned representation, compassion, and guidance during this difficult time. We understand the need for funds is great when a loved one passes, so our team works relentlessly to get you the compensation you deserve.

When you choose Whalen Montalvo, you get a firm with:

  • Industry-recognized wrongful death attorneys
  • A long track record of wins
  • Years of clients compensated appropriately for their losses
  • Individualized service and care
  • 24/7 access for clients.

Once you’re a client of Whalen Montalvo, attorneys James Whalen and Eric Montalvo and their team will fight to get you every dollar of compensation that you deserve for the loss of your loved one.

If you have lost a loved one due to someone else’s negligence, a wrongful death lawsuit can bring some measure of relief. For a free consultation with a Mauldin wrongful death attorney, call (864) 770-7710 today.

Wrongful Death Compensation

Justice for Your Pain

South Carolina law recognizes family members’ grief and pain after the loss of a loved one and allows various forms of damages for relief. However, a case must be made for these damages. The Mauldin wrongful death attorney handling the case must show that one or more parties were at fault.

Proving Fault

Proving fault requires strong evidence. Insurance companies simply will not pay for claims without solid evidence of their policyholder’s unlawful actions. Fault in the majority of wrongful death cases arises out of negligent, reckless, or intentional acts. Wrongful death negligence occurs when a person has a duty to maintain a standard of care toward others, fails to do so, and another dies as a result. Proof of negligence might come from:

  • Traffic cam footage
  • Cellphone and dashcam footage
  • Witness testimony
  • Police accident reports
  • Safety records
  • Accident-recreation analysis
  • Expert witness testimony.

Once a strong case for damages can be made from the available evidence, the Mauldin wrongful death attorney can assess the damages, which may include:

  • Medical and hospital expenses
  • Loss of future wages and benefits
  • Funeral and burial expenses
  • Pain and suffering of the family members
  • Loss of care and compassion from the deceased
  • Mental anguish.

When a death comes about by reckless or willful acts, the court is authorized to award punitive damages.

Common Wrongful Death Situations

Unfortunately, the world can be a dangerous place, no matter where you are. Our Mauldin wrongful death lawyers represent clients in all manner of wrongful death situations.

Traffic Accidents

Each year, over 40,000 people die in traffic accidents in the United States. In South Carolina, the number sits at 1,037, which is the second highest in the nation when viewed as the number of deaths per 1,000. Given that fatal traffic accidents are frequently caused by negligent or reckless drivers, many family members of victims of wrongful death can receive the proceeds from a wrongful death lawsuit. Common acts of negligence and recklessness in traffic contexts include driving while drunk or drowsy, following too closely, and excessive speeding.

Work Accidents

Around 8-9 South Carolina workers die on the job each month. In many of these unfortunate cases, workers’ comp is the exclusive remedy, which may include income benefits, funeral expenses compensation, and medical costs reimbursement. That said, the estate of the deceased worker may also have a third-party wrongful death claim for a workplace accident if a third party causes their death.

Intentional Violence

Those who inflict intentional violence on others can face liability in a wrongful death lawsuit as well as criminal liability. Even if there is no criminal case or the criminal case ends in an acquittal, the defendant may still face a wrongful death lawsuit.

Dangerously Defective Products

Consumers rely on product makers to provide reasonably safe products with proper instructions and warnings. Sadly, some dangerously defective products make their way to the marketplace in South Carolina. When they cause death, the product manufacturer, designer, distributor, and retailer may potentially be liable.

If your loved one has been killed by a dangerously defective product, the Mauldin wrongful death attorney handling the case need not prove negligence. Instead, they must demonstrate that the product contained an unreasonably dangerous defect and that this defect caused the death of your loved one.

Whalen Montalvo wrongful death lawyers in Mauldin understand the financial and emotional pain of their clients and never settle for less compensation than they deserve.

Frequently Asked Questions

Wrongful death cases are often confusing. Our clients frequently ask the following questions. If you need answers to other questions, please call, and an experienced wrongful death attorney in Mauldin will help you.  

What exactly do Mauldin wrongful death attorneys do?

Wrongful death attorneys in Mauldin must complete various tasks to properly represent your interests in a wrongful death suit, including:

  • Investigating the fatal incident
  • Gathering and processing evidence
  • Interviewing and deposing witnesses
  • Negotiating with insurance companies for maximum compensation
  • Handling all the documents and paperwork involved.

Mauldin wrongful death lawyers also ensure that you meet all court filing deadlines and comply with all procedural requirements in your case.

How long will my wrongful death case take to resolve?

There is no way to predict how long your case might take without first reviewing the facts involved. Since each wrongful death case is unique, their resolution times vary widely between a few months and several years. At Whalen Montalvo, our Mauldin wrongful death lawyers work diligently to resolve your case as quickly and thoroughly as possible.

Will my case go to trial?

While trial is always a possibility in wrongful death and other types of personal injury lawsuits, most wrongful death claims are settled out of court. Additionally, other dispute resolution methods may be explored in your case, such as mediation and arbitration.

Who can file a wrongful death lawsuit in South Carolina?

In many states, certain surviving family members of wrongful death victims are permitted to file wrongful death lawsuits. However, in South Carolina, only the executor or administrator of the victim’s estate can file a wrongful death suit. That said, wrongful death proceeds go to the surviving family members, such as spouses and children.

How long does an executor have to seek compensation for a wrongful death?

In South Carolina, executors have a total of three years from the date of the decedent’s passing to seek wrongful death compensation. If three years pass before an executor files a wrongful death suit, it is likely the case will be thrown out.

Need more answers about wrongful death and compensation in Mauldin? Please feel free to reach out to one of our experienced wrongful death lawyers in Mauldin at your convenience.

Seek Recompense with Whalen Montalvo

Mauldin Wrongful Death Lawyers Ready to Fight for You

Wrongful death is the definition of avoidable death. If someone has taken a loved one from you, you can potentially do something about it. Although nothing can bring back a lost loved one, wrongful death compensation can help make your future a little easier.

A wrongful death lawyer from Whalen Montalvo is ready to listen and discuss your case with you. Learn how you can seek compensation for your losses. The first consultation is free. Call (864) 770-7710 to schedule a meeting today!

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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Contact Our Attorneys

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.