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Contact Us TodayIf you recently lost a loved one, a lawsuit may be the last thing you want to think about. You may be trying to plan a funeral, support your family, answer difficult questions, and make sense of what happened.
That grief can become even harder when you believe the death could have been prevented. Maybe your loved one was killed in a crash on I-85, struck while walking near a busy Spartanburg road, seriously injured in a trucking accident near I-26, or died after a medical provider failed to respond to a serious condition. In those moments, families are often left with both heartbreak and unanswered questions.
A wrongful death claim cannot measure the full value of a person’s life. No amount of money can do that. But a claim can help a family seek accountability, recover financial losses, and create some stability after a preventable death.
The Law Office of Tyler Rody helps families in Spartanburg and across South Carolina after fatal accidents and other acts of negligence. Tyler gives serious attention to serious cases and takes the time to understand not only what happened, but who the person was and what the loss means to the family left behind.
A wrongful death claim is a legal claim brought when a person dies because of another person or company’s wrongful act, neglect, or default. In simpler terms, if the injured person could have brought a personal injury claim had they survived, the family may have a wrongful death claim after the person passes away.
Wrongful death cases may arise from:
In South Carolina, a wrongful death lawsuit is generally brought by the executor or administrator of the deceased person’s estate. The claim is brought for the benefit of the surviving family members identified by South Carolina law.
This can be confusing for families because the person who files the case is not always the only person who may benefit from it. In many cases, the recovery may benefit a surviving spouse, children, parents, or other heirs depending on the family situation.
If no estate has been opened yet, that may need to happen before a wrongful death claim can move forward. A lawyer can help explain how the legal claim and the probate process may fit together.
After a fatal injury, there may be more than one type of claim. Two of the most important are wrongful death claims and survival actions.
A wrongful death claim focuses on the losses suffered by the surviving family members because their loved one died. This can include loss of financial support, loss of companionship, grief, sorrow, and other damages recognized by law.
A survival action focuses on the losses the deceased person suffered before death. This may include conscious pain and suffering, medical expenses, and other harm that occurred between the injury and the person’s passing.
For example, if a person is seriously injured in a crash near Spartanburg Regional Medical Center and passes away later, the case may involve both the family’s losses and what the injured person endured before death. The facts matter, and the two claims may be handled together, but they are legally different.
The value of a life is immeasurable. No legal claim can fully compensate a family for losing someone they love. But a wrongful death case can help address the financial and personal losses created by that death.
Depending on the facts, compensation may include:
A fatal injury may involve ambulance transport, emergency care, hospitalization, surgery, medication, specialist treatment, or life-saving efforts before death. These expenses can place a heavy burden on the family or estate.
Funeral and burial expenses can be significant. A wrongful death claim may help recover the cost of laying a loved one to rest with dignity.
If your loved one provided income for the household, the loss may affect the family’s financial future. A claim may include wages the person lost before death and income they would likely have earned in the future.
A death may also mean the loss of health insurance, retirement benefits, or other employment-related benefits the family depended on.
Families lose more than income. They lose a spouse, parent, child, provider, caregiver, advisor, and companion. A wrongful death claim can account for the loss of care, comfort, guidance, companionship, and support.
South Carolina wrongful death damages may include the emotional impact of the loss on surviving family members. This can include grief, sorrow, wounded feelings, and the mental suffering that follows a preventable death.
In some cases, punitive damages may be available when the conduct was especially reckless, willful, or dangerous. This may involve drunk driving, distracted driving, abuse, or conduct that shows a conscious disregard for the safety of others.
Wrongful death cases can come from many different types of negligence. Some involve one reckless decision. Others involve a series of failures that should have been prevented.
Common causes include:
In Spartanburg County, fatal accidents may happen on highways like I-85 and I-26, on busy local roads like Reidville Road, Asheville Highway, N. Pine Street, and East Main Street, or on rural roads where speed, visibility, and response time can all become factors.
After a death, families often need time before they are ready to ask legal questions. That is understandable. But evidence can disappear quickly.
Vehicles may be repaired or destroyed. Video footage may be erased. Dangerous property conditions may be fixed. Witnesses may become harder to find. Medical records, crash reports, inspection records, maintenance logs, and insurance information may need to be requested and preserved.
If your loved one died after a crash, fall, medical mistake, or another serious incident, an attorney can help investigate the cause, identify responsible parties, and preserve evidence while your family focuses on grieving.
Insurance companies may deny responsibility even in fatal cases. They may argue that the policy was canceled, that the at-fault person was not covered, that someone else caused the death, that the deceased person was partly responsible, or that the damages are not as significant as the family claims.
These disputes can feel especially painful for families. You are already grieving, and then an insurance company questions the claim or delays payment.
A wrongful death attorney can investigate coverage, push back against unfair denials, and work to identify all possible sources of recovery.
Past results do not guarantee future outcomes, and every case depends on its own facts. But real case examples can help show the kinds of serious claims Tyler Rody has handled.
For additional settlements and verdicts, visit our Notable Cases page.
These results are specific to the facts of those cases. They do not guarantee or predict the outcome of any other case.
“After a wrongful death, families are not just dealing with a legal claim. They are dealing with the loss of a person who mattered. My job is to take the pressure of the claim off the family as much as I can, investigate what happened, and make sure the insurance company understands the full weight of the loss. These cases require time, attention, and respect for what the family is going through.”
If your family’s loss involved another type of injury or accident, the Law Office of Tyler Rody may still be able to help. Explore our related practice areas:
If you believe your loved one died because of someone else’s negligence, you do not have to sort through the legal process alone. You can grieve, support your family, and still ask questions about what happened.
The Law Office of Tyler Rody helps families in Spartanburg and across South Carolina understand their rights after fatal accidents, medical negligence, and other preventable losses. While compensation cannot erase the grief of losing someone you love, a wrongful death claim can help your family seek accountability and financial recovery. Get in touch with us today.
A wrongful death claim is a legal claim brought when a person dies because of someone else’s wrongful act, neglect, or default. It allows the family, through the proper estate representative, to seek compensation for losses caused by the death.
A wrongful death lawsuit is generally filed by the executor or administrator of the deceased person’s estate. The claim is brought for the benefit of surviving family members identified under South Carolina law, which may include a spouse, children, parents, or heirs depending on the circumstances.
Many South Carolina wrongful death claims must be filed within three years. Some cases may involve different rules, especially when a government entity, medical malpractice issue, or other special circumstance is involved. It is important to ask questions early so deadlines are not missed.
A wrongful death claim may include funeral and burial expenses, medical bills related to the fatal injury, lost income, lost benefits, loss of companionship, grief, sorrow, mental suffering, and other damages depending on the facts.
A wrongful death claim focuses on the losses suffered by surviving family members. A survival action focuses on what the deceased person experienced before death, such as conscious pain and suffering, medical expenses, and other losses between the injury and passing.
No. A wrongful death claim usually requires proof that another person or company’s negligence, wrongful conduct, or default caused the death. If the death was tragic but not legally caused by someone else’s fault, there may not be a wrongful death claim.
South Carolina’s comparative fault rules may affect the case. If the deceased person is found partly responsible, compensation may be reduced. If they are found more responsible than the other party or parties, recovery may be barred. These issues are fact-specific and should be reviewed carefully.
Coverage disputes are common in serious injury and wrongful death cases. An insurance company may claim a policy was cancelled, excluded, or does not apply. That does not always mean the denial is correct. An attorney can investigate coverage and push back when the facts or policy language support the claim.
Yes. Many wrongful death cases resolve through settlement. However, settlement still requires careful review, documentation, and approval where required. If the insurance company refuses to be fair, litigation may be necessary.
Yes. If you have questions about whether negligence, medical malpractice, unsafe property conditions, or a crash caused your loved one’s death, it is worth speaking with an attorney. A consultation can help your family understand whether further investigation is needed.
