Losing a family member is one of the hardest experiences anyone can face. When that loss happens suddenly and because of someone else’s careless or reckless actions, the pain becomes even worse. South Carolina law recognizes that families deserve justice and financial support when a loved one dies due to another person’s wrongful conduct. This is where wrongful death lawsuits come in.
A wrongful death claim gives surviving family members a way to hold the responsible party accountable and recover compensation for their loss. Understanding how these cases work can help you protect your rights during this difficult time.
How Does South Carolina Define Wrongful Death?
Not every unexpected death qualifies as a wrongful death under state law. South Carolina Code of Laws Section 15-51-10 defines wrongful death as a death “caused by the wrongful act, neglect or default of another.” The key factor is that the person’s actions or negligence must be serious enough that the victim would have been able to file a personal injury lawsuit if they had survived.
The wrongful act can be accidental negligence or it can be intentional. Examples include drunk driving accidents, medical mistakes, workplace incidents, nursing home abuse, and even homicide. If someone’s carelessness or deliberate actions caused your loved one’s death, you may have grounds for a wrongful death claim.
Who Has the Legal Right to File a Wrongful Death Case?
While an entire family may feel the impact of losing a loved one, South Carolina law limits who can actually file the lawsuit. According to Section 15-51-20 of the South Carolina Code of Laws, the claim must be brought by the executor or administrator of the deceased person’s estate. This is called the personal representative.
If your loved one had a will, the executor named in that document typically handles the wrongful death case. When there is no will, or if the named executor cannot or does not want to take on this responsibility, the court will appoint someone. This is often a spouse, adult child, sibling, or another close relative. The person must be at least 18 years old and of sound mind.
The personal representative files the lawsuit on behalf of all the beneficiaries who stand to receive compensation.
Who Can Receive Compensation from a Wrongful Death Claim?
South Carolina law establishes a clear order of who can benefit from a wrongful death settlement or verdict. The beneficiaries are limited to:
- The spouse and children of the deceased
- If there is no spouse or children, then the parents
- If there are no parents, then the heirs at law
This means that only the closest family members receive compensation from a wrongful death claim. The money goes directly to these beneficiaries and does not pass through the estate, which protects it from creditors in most cases.
What is the Difference Between a Wrongful Death Claim and a Survival Action?
Many people do not realize that South Carolina law allows for two separate types of claims when someone dies due to another’s negligence. Understanding the difference between these claims is important because they serve different purposes and benefit different people.
Wrongful Death Claims
A wrongful death claim compensates the surviving family members for their own losses. This includes the emotional pain of losing a loved one, the loss of financial support, and the loss of companionship. The compensation from a wrongful death claim goes directly to the statutory beneficiaries listed above.
Survival Actions
A survival action is different. This type of claim seeks compensation for what the victim went through between the time of the injury and the time of death. If your loved one survived for hours, days, or weeks after the incident before passing away, a survival action covers their medical bills, lost wages, and pain and suffering during that time.
The proceeds from a survival action go into the deceased person’s estate rather than directly to family members. This means the money first goes to pay any debts the deceased owed, and then whatever remains gets distributed according to the will or state inheritance laws. Estate creditors can claim some or all of the survival action proceeds.
A knowledgeable attorney can help you file both claims at the same time and work to divide the recovery in a way that best protects your family’s interests.
How Long Do You Have to File a Wrongful Death Lawsuit?
Time is a serious concern in wrongful death cases. South Carolina has a statute of limitations that typically gives you three years from the date of death to file your lawsuit. This deadline is firm, and courts will almost always dismiss cases filed after the three-year window closes.
In some situations, the three-year period may start from the date you discover the wrongful act rather than the date of death. This sometimes happens in cases involving medical malpractice or nursing home neglect where the family does not immediately know what caused the death.
The three-year limit means you must file the lawsuit within that timeframe. The case itself does not need to be resolved within three years, but missing the filing deadline usually means losing your right to pursue compensation forever.
What Types of Damages Can You Recover?
Wrongful death claims allow families to seek compensation for both economic and non-economic losses. The damages you may recover include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of the deceased’s expected future income and financial support
- Loss of benefits like health insurance or retirement contributions
- Loss of services the deceased provided to the household
- Loss of care, guidance, and companionship
- Emotional pain and suffering experienced by surviving family members
- Loss of love and affection
In cases where the defendant’s conduct was especially reckless or intentional, the court may also award punitive damages. These are meant to punish the wrongdoer and discourage similar behavior in the future.
Wrongful death settlements and verdicts can be substantial. Every case is different, but families have recovered millions of dollars in compensation when the evidence clearly shows another party’s fault.
What Are Common Causes of Wrongful Death in South Carolina?
Wrongful death claims can arise from many different types of incidents. Some of the most common causes include:
- Car accidents caused by distracted, drunk, or reckless drivers
- Truck and commercial vehicle crashes
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice and surgical errors
- Misdiagnosis or delayed diagnosis of serious conditions
- Nursing home neglect and abuse
- Defective products that cause fatal injuries
- Dangerous property conditions and premises liability
- Construction site and workplace accidents
- Drowning incidents at pools or recreational areas
Any time someone’s negligence or wrongful actions cause a death, the victim’s family may have legal options.
How Do You File a Wrongful Death Lawsuit in Court?
Filing a wrongful death claim involves several important steps. First, it is important to know that a wrongful death case is a civil lawsuit, which is completely separate from any criminal charges the wrongdoer may face. Even if someone goes to jail for causing your loved one’s death, you must file a separate civil case to recover financial compensation.
Where to File Your Case
The court where you file depends on the amount of damages you are seeking. Claims for $7,500 or less go to the Magistrate Court. Claims for more than $7,500 must be filed with the appropriate South Carolina Circuit Court.
Required Documents
Filing a lawsuit requires two main documents:
- The complaint, which explains how your loved one died and why the defendant is responsible
- The summons, which notifies the defendant that they are being sued and gives them a deadline to respond
Serving the Defendant
After filing, you must complete “service of process,” which means officially notifying the defendant about the lawsuit. This can be done through the sheriff’s department, a private process server, certified mail, or sometimes by publication in a newspaper.
What Happens After You File the Complaint?
Once the wrongful death lawsuit is filed, the case moves through several stages:
The Defendant’s Answer
The defendant must file and serve their answer within 30 days of receiving the complaint. This document responds to your allegations but does not necessarily admit fault.
Discovery and Evidence Gathering
Your attorney will begin collecting evidence to build your case. This includes requesting police reports, autopsy reports, medical records, witness statements, and any other documentation that supports your claim. Both sides exchange information through a process called discovery.
Insurance Negotiations
If the defendant has liability insurance, your case will likely involve negotiations with the insurance company. Many wrongful death cases are resolved through insurance settlements without going to trial.
Hearings and Motions
The judge may hold hearings on various legal issues before trial. Your attorney will present evidence and argue for the compensation you deserve.
Settlement Discussions
The two sides often negotiate to reach a settlement. Your lawyer will work to get you fair compensation without the uncertainty of a trial.
Trial
If settlement talks fail, the case goes to trial. A judge or jury will hear all the evidence and decide whether the defendant is liable and how much compensation you should receive.
What Must You Prove to Win Your Case?
To succeed in a wrongful death claim, you must prove four key elements:
- Duty of care: The defendant owed your loved one a reasonable standard of care
- Breach of duty: The defendant violated that duty through negligence or wrongful conduct
- Injury: The breach of duty caused injuries to your loved one
- Causation: Those injuries directly led to your loved one’s death
You also need to present evidence supporting the amount of damages you are claiming. This might include medical bills, income records, expert testimony about future lost earnings, and testimony from family members about the emotional impact of the loss.
The burden of proof in civil cases is lower than in criminal cases. You must show that it is more likely than not that the defendant’s actions caused your loved one’s death, rather than proving guilt beyond a reasonable doubt.
Why Do You Need an Attorney for a Wrongful Death Case?
Wrongful death cases involve complex legal procedures and strict deadlines. Trying to handle one on your own while grieving puts you at a significant disadvantage. An experienced wrongful death attorney can:
- Investigate the circumstances of your loved one’s death
- Identify all potentially liable parties
- Gather and preserve evidence before it disappears
- Calculate the full value of your damages, including future losses
- Handle all paperwork and court filings
- Deal with insurance companies on your behalf
- Negotiate for maximum compensation
- Take your case to trial if necessary
Insurance companies often try to minimize payouts or deny claims entirely. Having a skilled lawyer levels the playing field and protects your family’s financial future.
Take Action to Protect Your Family’s Rights
If you have lost a loved one because of someone else’s negligence or wrongful actions, you may be entitled to significant compensation. But time is limited. Waiting too long can mean losing evidence, missing deadlines, and forfeiting your right to justice.
Hart Law has helped many South Carolina families through wrongful death claims. We understand what you are going through, and we know how to build strong cases that get results. Our team will handle the legal work so you can focus on healing and supporting your family.
Contact Hart Law today at (803) 771-7701 for a free consultation. We will review your case, explain your options, and fight for the compensation your family deserves. Do not wait until it is too late to protect your rights.