Losing someone you love because of another person’s carelessness is a pain no family should ever have to carry. If a negligent driver, a careless company, a medical provider, or a nursing home took your loved one from you, you’re grieving and probably unsure where to turn. Trey Harrell is a Greenville wrongful death lawyer who handles these cases with real compassion and the courtroom experience to hold the responsible party accountable. Remember, Trey helps. Call 843-636-8739 for a free consultation at his Greenville office, and pay nothing unless Trey recovers compensation for your family.
Why Choose Trey Harrell For Your Greenville Wrongful Death Case?
Families across the Upstate turn to Trey Harrell because he pairs genuine, patient compassion with the courtroom confidence these serious cases demand. A wrongful death claim is never just about paperwork. It’s about people, and Trey treats every family that way.
Courtroom experience from a former federal prosecutor
Trey is a former federal prosecutor who served with the High Intensity Drug Trafficking Areas (HIDTA) task force, so he’s comfortable in a courtroom and prepared to take a case all the way to a jury trial when an insurance company won’t offer what a family deserves. That readiness often matters at the negotiating table.
Deep South Carolina roots
Trey is a third-generation South Carolinian with deep ties to this state. He knows the local courts, understands the community, and is committed to helping Greenville and Upstate families get back on their feet after a devastating loss.
Personal attention when it matters most
As a husband and father of two, Trey understands what families need after losing a provider, a parent, or a child. He personally walks each family through every step, patiently and professionally, so you’re never left wondering what happens next.
Your loss deserves real answers. Call 843-636-8739 today for a free, no-pressure consultation.
What Is A Wrongful Death Claim Under South Carolina Law?
A wrongful death claim is a civil case that lets a family seek compensation when a loved one dies because of someone else’s wrongful act, neglect, or carelessness. Under South Carolina law, this right exists whenever a death is caused by the kind of conduct that would have allowed the injured person to bring their own case had they survived. Whenever the death of a person is caused by the wrongful act, neglect, or default of another, and that act would have entitled the injured party to sue had death not resulted, the responsible person is liable for damages (S.C. Code Ann. § 15-51-10).
In layman terms, if your loved one could have brought a personal injury case for the harm done to them, your family can generally bring a wrongful death case now that they’ve passed. These claims arise when a death results from another person’s or a company’s negligence. Either from a fatal crash to a preventable medical error. A wrongful death case cannot undo your loss, but it can hold the responsible party accountable and protect your family’s financial future.
Who Can File A Wrongful Death Claim In South Carolina?
In South Carolina, a wrongful death claim must be brought by the personal representative of the deceased person’s estate, not by individual family members on their own. The action must be brought by or in the name of the executor or administrator of the person who died. The personal representative files the case on behalf of the surviving family members whom the law protects.
South Carolina law also sets the order of those beneficiaries. The claim is for the benefit of the spouse and children first; if there is no spouse or child, then for the parents; and if there are none, then for the heirs of the person who died. Only a duly appointed personal representative has the authority to settle a wrongful death or survival action. If you aren’t sure who should serve as your personal representative or how to have one appointed through the Greenville County Probate Court, Trey can walk you through the process.
What Accidents Most Often Lead To Wrongful Death Claims?
Most wrongful death claims grow out of preventable accidents caused by negligence. Trey Harrell helps Greenville families after fatal incidents, including:
– Car accidents, including fatal crashes on busy corridors, such as I-85 and I-385.
– Truck accidents involving large commercial vehicles.
– Motorcycle crashes, where riders often suffer catastrophic injuries.
– Workplace incidents and construction accidents.
– Medical negligence, such as surgical errors or a missed diagnosis.
– Nursing home neglect and abuse.
No matter how your loved one died, the key legal question is usually the same: did someone else’s careless or reckless conduct cause the death? If the answer is yes, your family may have a claim. Trey investigates what happened, gathers evidence before it disappears, and identifies every party who may share responsibility. Not sure whether your family has a case? Call 843-636-8739 for a free case review.
What Damages Can Your Family Recover In A Wrongful Death Case?
South Carolina law allows a jury to award damages “proportioned to the injury” a family suffers from the death, which can cover far more than a single bill. The jury may award damages proportioned to the injury resulting from the death to the parties for whose benefit the action is brought, and may award exemplary damages when the wrongful act was the result of recklessness, willfulness, or malice. Depending on the facts, a wrongful death recovery may include:
– Funeral and burial expenses.
– The loss of your loved one’s income and financial support.
– Loss of companionship, care, and guidance.
– The family’s grief and mental anguish.
– Medical bills tied to the final injury or illness.
In cases where the death resulted from especially reckless or malicious conduct, a jury may also award exemplary (punitive) damages meant to punish that behavior. Because every family’s loss is different, no one can promise a specific outcome, but Trey works to pursue the full value of what your family has lost.
How Long Do You Have To File A Wrongful Death Claim In South Carolina?
In most cases, South Carolina gives families three years from the date of death to file a wrongful death lawsuit. State law sets a three-year limit for an action for death by wrongful act, and that period begins to run upon the death of the person on account of whose death the action is brought (S.C. Code Ann. § 15-3-530). That may sound like plenty of time, but building a strong case takes time too. Evidence disappears, vehicles are repaired or scrapped, and witnesses’ memories fade.
Some situations, such as claims against a government entity, may have shorter deadlines or additional requirements. The safest step is to talk with a lawyer early. Call 843-636-8739 as soon as you can so Trey can protect your family’s rights before a deadline passes.
How Does Trey Harrell Handle Your Wrongful Death Claim?
Trey makes this difficult process as simple as possible from the moment you call. First, you’ll sit down for a free consultation where his team listens to your story and answers your questions, with no pressure to hire him. If he takes your case, Trey helps have a personal representative appointed, investigates the cause of death, and gathers the evidence needed to prove who’s responsible. From there, he handles the insurance companies, negotiates for full compensation, and prepares every case as if it may go to trial. You focus on your family. Trey handles the legal side.
Frequently Asked Questions About Wrongful Death Claims In Greenville
How much does it cost to hire a wrongful death lawyer?
Your first consultation with Trey Harrell is free. Trey handles wrongful death cases on a contingency fee basis, meaning your family pays no attorney’s fees unless he recovers compensation for you. That way, you can receive answers and pursue accountability without adding to your financial stress.
How long does a wrongful death case take?
Every case is different. Some resolve through a settlement within months, while others take longer if the responsible party disputes fault or the case heads toward trial. Trey works efficiently, but he won’t rush your family into accepting less than your case is worth.
Who receives the compensation in a South Carolina wrongful death case?
Although the personal representative files the claim, any recovery goes to the surviving family members the law protects, generally the spouse and children first, then parents, and then other heirs. A South Carolina court reviews and approves wrongful death settlements to make sure the distribution is fair.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for their losses, such as lost support and companionship. A survival action, which is often filed alongside it, seeks compensation for what your loved one endured before death, including their pain and medical expenses. Trey can pursue both when they apply.
Do I have to go to court for a wrongful death claim?
Not always. Many wrongful death cases settle through negotiation without a trial. But because Trey is a former prosecutor who’s ready to try a case, insurance companies know he’s prepared to go the distance, which can help your family reach a fair result.
Does Trey Harrell handle wrongful death cases in Greenville?
Yes. Trey serves Greenville families from his office at 812 Laurens Rd, Suite B, Greenville, SC 29607, available by appointment. He handles wrongful death and personal injury cases throughout the Upstate and across South Carolina.
Talk With A Greenville Wrongful Death Lawyer Today
You don’t have to carry this alone, and you shouldn’t have to untangle the legal side while you’re grieving. Trey Harrell will listen, explain your options in plain language, and handle the rest with the compassion and determination your family deserves. Remember, Trey helps. Call 843-636-8739 for a free consultation at the Greenville office, and pay nothing unless Trey recovers compensation for your family.