Pickens Wrongful Death Attorney
Losing someone you love is one of the most painful experiences a family can face. When that loss could have been prevented, the grief can feel even heavier. Families are often left searching for answers, trying to understand what happened, and wondering whether someone else’s careless actions played a role.
A wrongful death can affect every part of your life, from the emotional weight of losing your loved one to the financial strain that may follow. During such a difficult time, you should not have to navigate the legal process alone or fight for accountability without guidance.
The caring and compassionate attorneys at Patrick, Lewis & Watts are here to support families after a preventable loss. Our wrongful death attorneys can help you understand your legal options, pursue justice for your loved one, and hold the responsible party accountable for the harm they caused.
Why Choose Patrick, Lewis & Watts for a Wrongful Death Case in Pickens
The attorneys at Patrick, Lewis & Watts carry more than 100 years of combined courtroom experience, and our four attorneys include members of the American Board of Trial Advocates and the International Society of Barristers. We serve families across Greenville, Spartanburg, Anderson, and Pickens counties.
Client Testimonials
“A True Legal Superhero! I cannot thank Patrick Lewis & Watts enough for the incredible support and expertise they provided after my son was involved in a car accident. From the very first conversation, Austin showed genuine care, compassion, and dedication to helping us navigate a stressful and emotional situation. Austin took the time to explain every step clearly, always made us feel heard, and fought tirelessly to protect my son’s rights and well-being. Their professionalism, responsiveness, and deep knowledge of the law truly set them apart. Thanks to their hard work, we achieved a result that exceeded our expectations — but more importantly, we felt supported every step of the way. If you’re looking for a lawyer who not only knows the law inside and out but also truly cares about their clients, look no further. Thank you again, Austin and his team for being our rock during such a difficult time. You are a true superstar in every sense of the word!” — Anupam D.
“My experience with the team at Patrick , Lewis & Watts , P. A.was nothing short of outstanding. Mr. Lewis handled my case with the utmost professionalism and care. He fought tirelessly for my case. It was an emotionally exhausting case with too many complexities involved but his strategic thinking and bold advocacy helped me achieve a favorable outcome. Mr. Stephen Lewis always provided exceptional service and results. I will always appreciate and remember how hard Stephen fought for me during my lawsuit. Mr Stephen Lewis is no longer my lawyer, but a forever friend. Thank you Stephen for everything you’ve done for my family and I during some of my darkest days.” — Jennifer M.
What Is a Wrongful Death Claim Under South Carolina Law?
No legal explanation softens the loss that brought you here. Understanding what South Carolina treats as a wrongful death helps your family see whether a claim is possible. A wrongful death action is a civil claim brought when another party’s conduct caused the death.
South Carolina defines wrongful death as a death caused by the “wrongful act, neglect, or default of another,” per S.C. Code § 15-51-10. The same negligence principles that govern personal injury cases apply. If your loved one could have sued had they survived, the personal representative of the estate may pursue the claim now.
Common Causes of Wrongful Death in Pickens County
Fatal incidents across Pickens, South Carolina typically trace to a handful of patterns:
- Motor vehicle collisions on I-85, US-123, and SC-8
- Tractor-trailer crashes
- Medical negligence and missed diagnoses
- Unsafe property conditions
- Workplace fatalities and defective product incidents
Each scenario preserves different evidence on different timelines. The attorney you hire should know what to collect and when.
How to Know If You Have a Wrongful Death Case in Pickens, SC
Bringing up a legal case so soon after a loss can feel wrong. But asking whether your family has a claim is not about assigning blame. It is about whether another party caused harm that the civil system can address, and whether evidence still exists to prove it.
The Four Elements a Family Must Prove
A successful claim must establish all four elements of negligence:
- Duty: The at-fault party owed your loved one a legal duty of care
- Breach: They failed to meet that duty
- Causation: The breach caused the death
- Damages: Your family has suffered real loss as a result
If any element is missing, the claim fails.
Signs Your Family Should Speak With an Attorney
Several situations suggest a claim may be worth evaluating: an insurance adjuster has already called, a police or incident report was filed, an employer or healthcare facility may share responsibility, or the death appears to have been preventable. If any apply, speaking with a Pickens, SC wrongful death lawyer early can help protect the case.
Who Can File a Wrongful Death Lawsuit in South Carolina?
Families often discover two things at once: they want to bring a claim, and they are not sure who has the right to file it. South Carolina separates two questions: the first is who may file, and the second is who receives the compensation.
The Personal Representative of the Estate
Under S.C. Code § 15-51-20, only the personal representative of the deceased’s estate may file the wrongful death claim. If your loved one had a will, the named executor typically serves. If not, the Pickens County Probate Court appoints a representative, usually a surviving spouse, adult child, or parent.
Who Receives the Compensation
Under § 15-51-20, wrongful death proceeds follow a fixed order. A surviving spouse and children recover first. If there are none, surviving parents recover. If there are neither, heirs at law inherit under the state’s intestacy rules.
How Long Do You Have to File a Wrongful Death Claim in South Carolina?
Deadlines feel intrusive in the middle of grief. South Carolina’s filing window is not negotiable, and losing it closes the case permanently. The earlier a family speaks with an attorney, the more time there is to preserve what a successful case requires.
Wrongful death claims must be filed within three years of the date of death under S.C. Code § 15-3-530(6). A shorter window applies when a government entity is a potential defendant.
What Damages Can Families Recover in a Pickens Wrongful Death Case?
No verdict replaces the person who was lost. What the civil system can do is recognize the costs that this death has transferred to your family. Putting a dollar value on those costs forces the responsible party to bear them.
Financial Losses the Estate May Recover
Under S.C. Code § 15-51-40, economic damages may include funeral and burial expenses, final medical bills, lost income and earning capacity the deceased would have provided, and lost benefits like health insurance and retirement contributions. These figures are reconstructed from tax records, employer documents, and economist testimony. Your attorney should pull them early.
Non-Economic Losses for Surviving Family
Non-economic losses for the people left behind include:
- Mental anguish and grief
- Loss of companionship
- Loss of the experience, judgment, and guidance of the deceased
- Loss of care, protection, or parental support
When the wrongful conduct was reckless, willful, or malicious, exemplary (punitive) damages may also be available. Cases involving traumatic brain injury before death may add a survival action for pain and suffering.
How to Choose a Wrongful Death Attorney in Pickens, SC
Choosing a lawyer during grief is not something most families have done before. You are trying to judge credibility, fit, and capability at a hard moment.
Wrongful death cases often involve disputed liability or high-policy-limit insurance. In those situations, the defense takes a courtroom outcome seriously only if the plaintiff’s lawyer has tried cases before. Membership in the American Board of Trial Advocates (ABOTA) and the International Society of Barristers, along with a documented verdict record, signals readiness. Multiple Patrick, Lewis & Watts attorneys carry those memberships.
Frequently Asked Questions About Wrongful Death in Pickens, SC
How Much Does It Cost to Hire a Wrongful Death Attorney in South Carolina?
Most South Carolina wrongful death representation is handled on a contingency basis, meaning the attorney is paid a percentage of the recovery rather than an hourly rate. If there is no recovery, the fee is typically zero.
Will My Family Have to Go to Court?
Most South Carolina wrongful death cases resolve through settlement before trial, though the credible possibility of trial is what drives fair settlement offers. Under S.C. Code § 15-51-41, any wrongful death or survival action settlement must be approved by the court, a step the personal representative’s attorney handles.
What if My Loved One Was Partly at Fault for the Accident?
South Carolina follows a modified comparative negligence rule. A family may still recover if the deceased was 50% or less at fault, with compensation reduced by that percentage. A share above 50% bars recovery. Fault is often contested during the investigation.
Can We Still File a Wrongful Death Claim if We Did Not Hire a Lawyer Right Away?
Yes. The three-year statute of limitations gives a family time to begin, though evidence preservation becomes harder as time passes. An attorney can still review whether records, reports, or insurance documentation remain available.
Speak With a Pickens Wrongful Death Attorney at Patrick, Lewis & Watts
No financial recovery can ever replace the person your family has lost. However, a wrongful death claim can help provide answers, accountability, and the financial support your family may need as you move forward.
At Patrick, Lewis & Watts, we are here to guide your personal representative through the legal process with care and clarity. With more than 100 years of combined service, our law firm is prepared to help your family understand your options and pursue the justice your loved one deserves.
Our clients are also our neighbors, and we take that responsibility seriously. Call Patrick, Lewis & Watts today at 864-240-5500 or complete our online contact form to schedule a free case evaluation. Let our office handle the legal details while your family focuses on healing.
