Click here to call for a free consultation
Whalen Montalvo

Spartanburg Wrongful Death Lawyer

A wrongful death case is a civil action brought by executors of a deceased person’s estate. It is a legal course for those who lose a close loved one due to the negligence of someone else.

The untimely and most likely preventable loss of someone you love is distressing. While South Carolina law allows the pursuit of compensation, it is a difficult journey to take alone.

If your loved one died due to the recklessness of another person, company, or both, learn more about your legal options. A free consultation with a Spartanburg wrongful death lawyer will reveal if you have a case and, if so, how a lawyer can help you.

Wrongful Death Defined

Negligence Is at the Core of Wrongful Death Cases

At the core of wrongful death cases is the issue of negligence. Everyone owes others a certain duty of care. When someone breaches that duty of care and someone suffers a loss, the responsible party is typically liable for the victim’s damages.

One of the most prominent types of wrongful death cases is car accidents. Examples of negligence in car accidents include:

  • Drunk driving: Approximately 37 people die in alcohol-related crashes each day in the United States. That relates to one person every 39 minutes.
  • Distracted driving: Nine people die each day in the United States due to a crash involving a distracted driver. 1 in 5 deaths are people outside of a vehicle, such as pedestrians or bicyclists.
  • Aggressive driving: Speeding, running red lights, or purposely tailgating are a few examples of dangerous and deadly drivers.

Wrongful death cases are not limited to motor vehicle accidents. Death may occur, instantly or later, from severe injuries due to other forms of negligence.

Slip and Fall Accidents

A slip and fall accident can cause death instantly or sometime later if a victim is unable to survive their injuries. A wrongful death case involving a slip and fall accident is challenging due to what the property owner knew or should have known about the fall hazard.

Accepting an invitation to visit a new restaurant, store, or a neighbor’s house should not result in death. Commercial and personal property owners owe visitors a reasonable duty of care.

Failure to repair or replace the following hazards are possible grounds for a wrongful death claim or lawsuit:

  • Loose handrail
  • Poor lighting
  • Torn carpets
  • Wet or icy walkways
  • Failure to warn visitors of hazardous conditions.

A Spartanburg wrongful death lawyer can investigate your loved one’s tragic slip-and-fall case. Upon a careful review of the evidence, your lawyer may be able to determine:

  • What the property owner knew about the hazard and when they knew it
  • The hazard existed for so long that the property owner should have known about it.
  • The property owner failed to provide visitors a reasonable duty of care by ignoring hazards, failing to prevent hazards, or neglecting to inspect regularly for hazards.

Having a lawyer to manage the details of your fatal slip and fall case is vital. Law enforcement is rarely called to a slip-and-fall accident scene. A thorough investigation of your loved one’s accident may require interviewing witnesses and gaining access to a store incident report.

Wrongful Death Cases Address Untimely Loss Caused by Negligence

A fatal accident of any type leaves a permanent hole in your heart and your life. No matter how your loved one died, if negligence played a role, you deserve justice.

An untimely loss can leave you with such damages as funeral expenses and a loss of income. Fighting for compensation cannot replace your loss, but it can ease the burden of the financial stress you carry.

A wrongful death case is a complex legal matter. To protect your best interests and seek justice for your loved one, contact a Spartanburg wrongful death lawyer today.

Our Results Contact Us

Wrongful Death FAQs

It is common for those who suffer a sudden loss to have questions. A Spartanburg wrongful death lawyer answers frequently asked questions regarding possible legal action:

How do I know who is liable for my wrongful death loss?

A wrongful death lawyer can investigate the circumstances that caused your loss. Some cases are more complicated than others. The sooner a lawyer gets to work on your case, the longer they have to identify all liable parties.

The loss of my spouse’s income is a financial burden. What can I do?

Widowers can fight for a fair settlement with a Spartanburg wrongful death lawyer. While compensation is never promised or guaranteed, your lawyer will fight for the best outcome possible.

Who can file a Spartanburg wrongful death lawsuit?

South Carolina law requires the deceased person’s estate executor to file a wrongful death lawsuit. Without an executor named in a will, a court may appoint an executor to represent the estate.

What is the South Carolina statute of limitations for a wrongful death lawsuit?

Three years from the date of death. Victims who fail to file their lawsuit before the legal deadline are generally left with no further options.

No one should die due to the recklessness of someone else. Get answers to your wrongful death questions by scheduling a free consultation with Whalen Montalvo Attorneys at Law today.

Spartanburg Wrongful Death Lawyer

Whalen Montalvo Attorneys at Law Are Here for You

Attorneys James Whalen and Eric Montalvo help Spartanburg families fight for justice on behalf of their deceased loved ones. They do so by putting their education, experience, and skills to work with insurance companies and, when necessary, at trial.

At Whalen Montalvo Attorneys at Law, we have helped countless victims of negligence. We go the extra mile to secure the best outcome for each client. We are deeply humbled and honored by our client reviews.

We apply the same compassion and determination to each wrongful death case. If you lost a close loved one due to negligence, we want to help you. Start your Spartanburg wrongful death claim or lawsuit today by calling (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.
Read Full Bio

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.