When a person dies because of someone else’s actions, families are often left with urgent questions about their rights and next steps. One of the most common legal options is working with a South Carolina wrongful death lawyer to file a wrongful death lawsuit. A lawsuit allows surviving family members to seek financial recovery after a fatal accident or injury.
Winning a civil case does not require the same high level of proof as a criminal trial. You do not have to prove guilt beyond a reasonable doubt to be successful. Instead, you must show that the defendant is more likely than not responsible for the loss. This distinction allows families to seek accountability even if a criminal prosecutor chooses not to pursue charges.
What Does Wrongful Death Mean?
A wrongful death lawsuit is a civil action, not a criminal one. While the state files criminal charges to punish a person for breaking laws, a civil claim is filed by the personal representative of the deceased’s estate. The primary goal of this lawsuit is to seek financial compensation for the family’s losses, rather than to impose imprisonment on the defendant.
The two types of cases operate under different standards of proof. In a criminal case, a prosecutor must prove guilt beyond a reasonable doubt. In a civil case, the family only needs to meet a lower standard called the “preponderance of the evidence.” This means you must show it is more likely than not that the defendant’s negligence or wrongful act caused the death.
Because these are separate legal paths, a family can pursue a civil claim even if the defendant is not charged with a crime or is found “not guilty” in criminal court. Under South Carolina Code § 15-51-10, the civil system focus remains on addressing the economic and emotional damages suffered by survivors.
Is Wrongful Death Civil or Criminal?
Under South Carolina law, wrongful death means a death caused by another person or entity’s “wrongful act, neglect, or default.” This definition comes from the South Carolina Wrongful Death Act.
A death may qualify as wrongful if the person who died would have had the right to file a personal injury claim had they survived. Common examples include fatal car crashes, trucking accidents, workplace incidents, defective products, medical errors, and unsafe property conditions.
A wrongful death lawsuit is not about punishment. It is a civil claim designed to compensate surviving family members for the losses they suffer after a loved one’s death.
Key Differences Between Wrongful Death Lawsuits and Criminal Charges
In a criminal case, the government prosecutes a defendant for violating state laws, such as reckless homicide or manslaughter. The primary goal is punishment through jail time, probation, or fines paid to the state. To secure a conviction, a prosecutor must prove the defendant’s guilt beyond a reasonable doubt, the highest standard of proof in the legal system.
A wrongful death lawsuit is a civil action filed by the personal representative of the deceased person’s estate. The objective is to secure financial compensation for the surviving family members to cover funeral costs, medical bills, and lost income. Unlike criminal cases, civil liability is determined by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible for the death.
Damages Available in a Wrongful Death Lawsuit
The goal of a civil claim is to address the family’s financial and emotional losses. Under South Carolina law, beneficiaries may recover:
- Economic Damages: Medical bills related to the final injury, funeral and burial expenses, and the loss of the deceased’s expected earnings.
- Non-Economic Damages: Loss of companionship, mental shock, suffering, and loss of experience or judgment.
- Punitive Damages: In cases where the defendant’s conduct was reckless or willful, the court may award additional money to punish the wrongdoer.
How a Wrongful Death Lawyer Can Help
A wrongful death lawyer helps families by taking on the legal burden and ensuring the case is handled in accordance with South Carolina law.
They first determine whether a valid wrongful death claim exists and confirm who has the legal authority to file the case. In South Carolina, only the personal representative of the estate may bring a wrongful death lawsuit, even though surviving family members receive the compensation.
Legal counsel investigates how the death occurred and who may be responsible. This includes reviewing crash reports, workplace records, medical documentation, surveillance footage, and witness statements. In many cases, liability extends beyond a single individual and may involve employers, property owners, manufacturers, or insurance carriers.
A wrongful death lawyer also calculates damages. These damages often include funeral expenses, medical costs related to the final injury, lost income and benefits, and compensation for loss of companionship and emotional suffering. When conduct rises to the level of negligence, an attorney evaluates whether the evidence supports an award of punitive damages.
Insurance companies frequently attempt to limit payouts or shift blame. An attorney handles all communication and negotiations, protects the estate from unfair settlement tactics, and prepares the case for trial if necessary. If criminal charges are pending, a lawyer can manage the civil case timeline without interfering with the prosecution.
Finally, a wrongful death lawyer ensures the case is filed within the applicable statute of limitations, which is generally three years from the date of death under S.C. Code § 15-3-530.
Contact a Wrongful Death Lawyer in SC
Savage, Royall & Sheheen represents families across South Carolina in wrongful death cases.
If you have questions about a wrongful death lawsuit or need guidance after a fatal accident, contact Savage, Royall & Sheheen at 803-432-4391 to discuss your legal options under South Carolina law.