Losing a loved one because of someone else’s negligence is a devastating experience. Beyond the emotional grief, surviving family members are often left with financial burdens, funeral expenses, medical bills, and lost income. In these situations, South Carolina law allows certain family members to seek justice through a wrongful death claim.
In this post, we’ll explain when and how to file a wrongful death claim in South Carolina, who is eligible to file, what damages can be recovered, and why hiring a skilled South Carolina wrongful death attorney can help you navigate this difficult process. We’ll also reference related topics, such as negligence, comparative fault, and the difference between a claim and a lawsuit, so you can understand how this type of case fits into the larger legal picture.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action brought against an individual, company, or entity whose negligence or misconduct caused another person’s death. Common causes include:
- Car accidents caused by distracted or drunk drivers
- Medical malpractice such as surgical errors or misdiagnoses
- Workplace accidents involving unsafe conditions or equipment
- Defective products that cause fatal injuries
- Criminal acts, including reckless behavior or assault
While criminal cases may also occur in some of these scenarios, wrongful death claims are separate civil actions designed to help families recover financial compensation, not to punish the offender (though punitive damages can sometimes apply).
Who Can File a Wrongful Death Claim in South Carolina?
Under South Carolina law, wrongful death claims must be filed by the executor or administrator of the deceased person’s estate. This individual acts on behalf of surviving family members who are eligible to receive compensation, including:
- The surviving spouse and children
- The parents, if there is no spouse or child
- The heirs of the estate, if no immediate family exists
Because these claims are governed by strict legal procedures, it’s crucial to have an experienced wrongful death lawyer manage the process from the start.
The Statute of Limitations for Wrongful Death in South Carolina
Timing is one of the most important factors in a wrongful death case. In South Carolina, the statute of limitations for filing a wrongful death claim is three years from the date of death.
If the claim involves a government entity, such as a city vehicle or public hospital, the deadline may be shortened to two years. Missing these deadlines can permanently bar you from pursuing compensation.
Your South Carolina personal injury attorney will ensure that all filings meet the state’s deadlines and procedural requirements.
The Role of Negligence in Wrongful Death Cases
Just like other personal injury cases, wrongful death claims rely on proving negligence, that another party failed to act reasonably, causing your loved one’s death. Your attorney must show:
- The defendant owed a duty of care to the victim.
- The defendant breached that duty through action or inaction.
- The breach caused the death.
- The death resulted in damages to the surviving family members.
To better understand these legal foundations, you can refer to our post Understanding Negligence: How It Applies to Your Personal Injury Case, which outlines how negligence works in South Carolina law.
Damages Available in a Wrongful Death Claim
A successful wrongful death claim can provide compensation for both economic and non-economic losses, such as:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and guidance
- Emotional suffering and mental anguish
In some cases, punitive damages may be awarded if the defendant’s conduct was reckless, willful, or malicious, such as in drunk driving accidents or gross medical negligence.
To see how negligence and damages overlap, our article Understanding South Carolina’s Comparative Negligence Law provides insight into how fault is determined and how it impacts compensation.
Difference Between a Wrongful Death Claim and a Survival Action
Many families are unaware that South Carolina allows both a wrongful death claim and a survival action to be filed after a fatal accident.
- A wrongful death claim seeks compensation for the family’s losses.
- A survival action covers the damages the deceased could have claimed if they had survived, such as pain and suffering before death.
Both actions can be filed simultaneously, but the proceeds are distributed differently. Your wrongful death attorney will help you determine which claims apply to your situation.
When to Contact a Wrongful Death Lawyer
The right time to contact a wrongful death attorney is as soon as possible after your loved one’s passing. Early legal involvement ensures that evidence is preserved, witnesses are interviewed promptly, and insurers are prevented from taking advantage of grieving families.
At McWhirter, Bellinger & Associates, our attorneys understand the emotional toll wrongful death cases take. We handle the legal burden so you can focus on what truly matters, honoring your loved one’s memory and caring for your family.
How a Lawyer Builds Your Wrongful Death Case
Your South Carolina wrongful death lawyer will take a comprehensive approach that includes:
- Investigating the cause of death and identifying liable parties
- Gathering medical and forensic evidence
- Calculating the full financial and emotional impact of the loss
- Communicating with insurance companies and opposing counsel
- Preparing a demand letter to seek a fair settlement
- Taking the case to court if necessary
This structured process mirrors how other injury claims are handled, though wrongful death cases often involve higher stakes and more complex evidence.
Get Justice with McWhirter, Bellinger & Associates
No amount of money can replace a loved one, but holding negligent parties accountable can bring a sense of closure, and provide financial security for your family’s future.
Call McWhirter, Bellinger & Associates today at 803-653-6449 for a free and confidential consultation with one of our experienced South Carolina personal injury lawyers.
We proudly serve clients throughout South Carolina, including Columbia, Lexington, Orangeburg, Camden, Sumter, Aiken, and Newberry, and we don’t charge any fees unless we recover compensation for you.
Your family deserves justice, compassion, and strength during this difficult time. Let our firm fight for you.
