Wrongful Death Laws in South Carolina
The loss of a loved one is always painful, but when their death is caused by someone else’s negligence or reckless behavior, the grief is often accompanied by anger, confusion, and financial stress. In South Carolina, wrongful death laws allow surviving family members to seek compensation from the party responsible. These claims can help ease the burden while holding the negligent party accountable.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, a wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. This person may have been named in the will or appointed by the probate court.
Although the personal representative handles the claim, the compensation is awarded to the deceased’s surviving family, which may include:
- A spouse
- Children
- Parents (if no spouse or children)
- Heirs of the estate if no close relatives exist
What Is Considered a Wrongful Death?
A wrongful death happens when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. Examples include:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Defective or dangerous products
- Workplace injuries
- Slip and fall accidents
- Criminal acts, such as assault
If the person would have had a valid personal injury case had they survived, then a wrongful death claim is typically allowed.
What Compensation Can Be Recovered?
South Carolina allows for a wide range of damages in wrongful death claims, including:
- Funeral and burial expenses
- Medical bills related to the fatal injury
- Loss of the deceased’s future income and benefits
- Loss of companionship, care, and guidance
- Pain and suffering of the surviving family
- Property damage associated with the fatal incident
In some cases, the court may also award punitive damages to punish extremely reckless or malicious behavior.
How Long Do You Have to File a Claim?
In South Carolina, the statute of limitations for a wrongful death lawsuit is three years from the date of the person’s death. If the claim is not filed within this timeframe, you may lose your legal right to compensation.
Shorter deadlines may apply in cases involving government agencies or public entities.
Car Accidents and Wrongful Death in South Carolina
Fatal car accidents are one of the most common causes of wrongful death in South Carolina. Whether the crash involved distracted driving, drunk driving, speeding, or another form of negligence, the surviving family may be entitled to compensation.
South Carolina follows a modified comparative negligence rule. As long as the deceased was less than 51% at fault, a claim may be pursued. However, the compensation will be reduced based on the deceased’s share of the fault.
Fatal Workplace Accidents
If someone dies in a work-related accident, their family may qualify for workers’ compensation death benefits, including coverage for funeral expenses and a percentage of lost wages.
In cases where a third party (not the employer) caused or contributed to the death, such as a subcontractor or manufacturer, the family may also file a wrongful death lawsuit in addition to workers’ comp benefits.
Frequently Asked Questions About Wrongful Death in South Carolina
Can I file a claim if the responsible person wasn’t charged with a crime?
Yes. A wrongful death claim is a civil case and does not require a criminal conviction or even criminal charges. The burden of proof in civil court is lower than in criminal cases.
Can more than one family member receive compensation?
Yes. While only the personal representative files the claim, compensation may be distributed among the surviving spouse, children, parents, or heirs, depending on who survives the deceased.
What if there’s no will?
If no will exists, the court will appoint a personal representative—typically a spouse, adult child, or parent—to file the wrongful death lawsuit.
Are punitive damages common in wrongful death cases?
Punitive damages are only awarded in cases where the responsible party’s actions were especially reckless, grossly negligent, or intentional. These damages are meant to punish and deter similar behavior in the future.
Speak With a South Carolina Wrongful Death Lawyer
If your loved one died due to someone else’s actions, a wrongful death attorney in South Carolina can help guide you through the legal process. Filing a claim may help your family recover the financial support you need and send a clear message that negligent behavior has consequences. Reach out to a lawyer today to learn more about your options.