A wrongful death claim allows families to pursue financial recovery for their losses. Under state law, this legal action focuses on holding the responsible individual or business accountable for their actions. It provides financial support for medical bills, funeral expenses, and lost income.
If you are dealing with an unexpected loss, a wrongful death attorney South Carolina can protect your legal rights. We handle the heavy legal burdens so your family can focus on healing and remembering your loved one.
What Qualifies as a Wrongful Death in South Carolina?
Under South Carolina law, a wrongful death occurs when a person dies because of someone else’s wrongful act, neglect, or default. If the person had survived the incident and would have been able to file a personal injury lawsuit, their death qualifies as a wrongful death.
The law transfers the right to sue from the deceased person to their estate. This allows the family to hold the at-fault party responsible for the fatal injuries they caused.
Common situations that qualify include fatal car accidents and truck accidents caused by drunk or distracted drivers. It also includes medical malpractice by doctors or hospitals, defective products that cause fatal harm, and dangerous property conditions such as unsecured construction sites or unsafe walkways.
Who Can File a Wrongful Death Claim in SC?
South Carolina law dictates exactly who can bring a wrongful death case to court. Family members cannot just file a lawsuit on their own. Under South Carolina Code Section 15-51-20, the executor or administrator of the deceased person’s estate must file the actual lawsuit.
If the person had a will, they likely named an executor. If they did not have a will, a probate court judge will appoint an administrator. Although the executor files the paperwork, the lawsuit is brought on behalf of the surviving family members.
The law ranks family members in a specific order to receive the benefits of the lawsuit:
- The surviving spouse and children of the deceased person.
- The surviving parents, if there is no spouse or child.
- The legal heirs of the deceased person, if there are no parents, spouses, or children.
Types of Damages Available to Surviving Family
The financial compensation you can receive in a civil lawsuit is called damages. In South Carolina, families can seek money for both economic and non-economic losses.
Economic Damages
Economic damages are clear financial losses that can be proven with bills and receipts. These include the cost of medical care the person received before they died, reasonable funeral and burial expenses, and the loss of wages the person would have earned during their lifetime.
Non-economic Damages
Non-economic damages are for losses that do not have a specific price tag. Families can seek money for the emotional pain and suffering caused by the loss. They can also seek compensation for the loss of companionship, protection, care, and guidance that the family member provided. In rare cases where the wrongdoer acted with extreme recklessness or malice, a court might award punitive damages to deter such behavior.
How Long Do You Have to File?
You do not have unlimited time to take legal action. South Carolina has a statute of limitations that sets a strict deadline for these cases. Under South Carolina Code Section 15-3-530, you generally have three years from the date of the person’s death to file a wrongful death lawsuit.
If you miss this three-year deadline, the court will almost certainly dismiss your case. This means your family will lose the right to seek financial recovery forever. There are very few exceptions to this rule. For example, if the claim is against a government agency, the deadline is shorter, usually two years under the South Carolina Tort Claims Act. Starting the process early helps ensure your attorney can gather fresh evidence.
How Is a Wrongful Death Different from a Criminal Case?
A wrongful death lawsuit is a civil case, which is completely separate from a criminal case. A criminal case happens when the state government prosecutes someone for breaking a law, such as reckless homicide or driving under the influence. The goal of a criminal trial is to punish the offender with jail time, probation, or fines paid to the government.
A civil wrongful death lawsuit is filed by the estate administrator, not the government. The goal is to get financial compensation for the grieving family. A person can face both a criminal trial and a civil lawsuit at the same time. Even if a driver is found not guilty in a criminal court, the family can still win a civil wrongful death lawsuit because the standard of proof is lower in civil court.
What Evidence Do You Need to Win?
To secure wrongful death settlements or win a jury trial, your attorney must prove that the defendant was at fault. This requires building a strong case based on facts and physical evidence.
Your legal team will gather several types of evidence:
- Official Reports: Police accident reports, traffic citations, and government safety investigation documents.
- Medical Documents: Records showing the cause of death and the medical treatment provided before the person passed away.
- Expert Testimony: Statements from accident reconstruction experts, medical professionals, and financial analysts who can explain how the death happened and calculate future financial losses.
- Witness Statements: Video or written statements from people who saw the accident occur.
How a Wrongful Death Attorney South Carolina Can Help
A wrongful death attorney manages the legal process. Here is how a lawyer helps with your case:
Handles the Insurance Companies
An attorney takes over all communication and negotiations to protect your family from unfair offers.
Investigates the Accident
Lawyers gather critical evidence to prove fault, including:
- Police reports,
- Surveillance footage,
- Medical records, and
- Witness interview.
Calculates Financial Losses
An attorney determines the true value of your claim by calculating immediate expenses such as medical bills and funeral costs, and future losses.
Hires Expert Witnesses
Lawyers bring in accident reconstruction teams to prove how a crash happened or medical experts to confirm malpractice.
Manages Court Deadlines
A lawyer ensures that all legal paperwork is completed correctly and submitted before the state deadline.
Prepares for Trial
If an insurance company refuses to offer fair wrongful death settlements, an attorney will take your case to court and present the evidence to a judge and jury.
Contact Our South Carolina Wrongful Death Attorney
If you have lost a loved one due to someone else’s neglect, the attorneys at Savage, Royall & Sheheen, LLP, have decades of experience serving families across South Carolina.
Contact our office at 803-432-4391 to schedule a free consultation to discuss your options.