South Carolina Wrongful Death Lawyer

What claims does a South Carolina family have after a fatal accident?

Usually two. A wrongful death claim compensates close family members for their own losses. A survival claim recovers what the person who died could have claimed if they had lived. They are often brought together.

The executor or administrator of the estate brings both claims. If there is a will, it may name an executor. If not, a court can appoint an administrator, often a close family member. Opening the estate is an early practical step, and it protects the 3-year deadline.

What damages can be recovered?

South Carolina allows a broad range of damages in death cases.

Wrongful death damages

• Lost financial support the person would have provided
• Lost household services, care and guidance
• Grief, sorrow and mental shock suffered by family members
• The loss of companionship and society
• Funeral and burial costs

Survival damages

• Medical bills from the final injury or illness
• The person's conscious pain and suffering before death
• Lost earnings between injury and death

Punitive damages may be available when the conduct was reckless, such as a driver who was heavily impaired. Each case is different, and we work with the family and economists to explain the full loss.

Valuing these losses takes care. Lost support depends on the person's age, work history and expected earnings. Lost services include childcare, home repairs and daily help that the family must now replace. Grief and loss of companionship have no set formula, so testimony from family and friends about the relationship is often the most important evidence.

How is a wrongful death recovery divided?

The wrongful death recovery goes to close family members in an order set by South Carolina law, generally starting with the spouse and children. If there is no spouse or child, parents may recover, and in some cases other heirs.

The survival recovery belongs to the estate and passes under the will or South Carolina's inheritance rules. Settlements of death claims generally require court approval, which helps protect beneficiaries, especially minors. Our team prepares the filings and explains how the recovery is divided.

How does fault affect a South Carolina death claim?

The share of fault assigned to the person who died reduces the recovery. If that share is greater than 50%, the family recovers nothing.

Here is an example. A driver is killed when a pickup runs a stop sign on a rural highway in the Pee Dee. The family's losses are valued at $1,100,000. The pickup driver's insurer argues the decedent was speeding and should bear 30% of the fault. If a jury agrees, the family recovers $770,000. If the vehicle data shows the decedent was at the speed limit, that share may drop to zero. If a jury found the decedent 51% at fault, the family would recover nothing.

What if there is also a criminal case?

A criminal case and a wrongful death claim are separate. The state prosecutes to punish, while the family brings civil claims for compensation.

The civil case uses a lower standard of proof, so a family can succeed even if the criminal case ends without a conviction. A conviction or guilty plea can be strong evidence. The criminal case does not pause the 3-year deadline, and waiting can mean losing evidence. Victim advocates in the solicitor's office can keep the family informed while our team handles the civil claims.

How our team helps South Carolina families

We investigate the cause of death, identify every responsible party and insurer, and work with economists and the family to explain the losses. We handle insurers so the family has room to grieve.

When the family is ready, a few documents help: the death certificate, any coroner or autopsy report, recent tax returns and pay stubs, insurance policies, and medical and funeral bills. Photos and short notes about the person's role in daily life help explain what was lost.

Fatal crashes are covered in our South Carolina truck accident guide. Deaths after medical errors are discussed on our medical malpractice page, which also explains the pre-suit steps that apply when a death follows a medical error. Workplace deaths at plants and ports are covered on our workplace and construction injuries page. General rules are on our South Carolina injury law page. We offer a free and private case review, and there is no fee unless we win.