THE SHORT ANSWER
In South Carolina, when someone dies because of another person’s negligent, reckless, or intentional conduct, qualifying family members may seek compensation through a wrongful death lawsuit brought by the estate’s executor or administrator. The claim may address financial and emotional losses.
Losing a loved one because of someone else’s negligence or wrongful conduct is one of the hardest experiences a family can face.
When death is caused by another person’s negligent, reckless, or intentional act, South Carolina law allows certain family members to pursue a wrongful death lawsuit to seek compensation for financial losses and emotional suffering.
At Coastal Law, our personal injury attorneys help families in Myrtle Beach and across South Carolina understand their rights and pursue maximum compensation after a wrongful death.
Below, we answer the most important questions families ask and explain how wrongful death claims work under South Carolina law.
Key takeaways
- The estate’s executor or administrator files the wrongful death case for qualifying surviving relatives.
- Potential damages may include funeral costs, lost financial support, and loss of companionship; a separate survival action may address suffering before death.
- Claims generally have a three-year deadline, so seek a case-specific assessment promptly.
What Is a Wrongful Death Lawsuit in SC?
A wrongful death lawsuit is a civil claim filed when a person dies because of another individual’s or company’s negligence, gross negligence, or intentional misconduct. The executor or administrator of the deceased person’s estate typically brings the lawsuit on behalf of surviving family members.
Wrongful death cases may arise from many types of accidents, including:
- Auto accidents – When negligent driving causes a fatal crash.
- Motorcycle collisions – Higher risk of fatal injury because of limited protection.
- Drunk driving accidents – Drunk drivers may also face punitive damages.
- Pedestrian accidents – Fatal vehicle collisions.
- Drowning deaths – Negligence at pools or waterways.
- Amusement park or workplace accidents, or medical negligence.
For more on common personal injury causes that sometimes lead to wrongful death claims, see our pages on car accidents and pedestrian accidents.
Who Can File and Who Receives Damages?
Under South Carolina Code § 15-51-10, only the executor or administrator of the decedent’s estate can file a wrongful death lawsuit. Once damages are recovered, they are distributed to the decedent’s heirs according to South Carolina law — usually in this order:
- Surviving spouse and children
- Parents (if no spouse/children)
- Other heirs if no spouse, children, or parents survive
Damages in a wrongful death claim may include, but are not limited to:
- Funeral and burial costs
- Medical bills related to the deceased’s final injury
- Lost future income and benefits
- Loss of companionship and support
- Pain and suffering endured before death
- Punitive damages when the conduct was especially reckless or intentional
Punitive damages are designed to punish wrongful conduct and deter future misconduct; while they are not awarded in every case, they can significantly increase recovery in certain claims.
Proving Your Wrongful Death Claim
To win a wrongful death lawsuit in South Carolina, your attorney must show:
- Duty – The defendant owed a legal duty of care (e.g., obeying traffic laws).
- Breach – The defendant failed to meet that duty through negligent or wrongful conduct.
- Causation – The defendant’s actions directly caused the death.
- Damages – The family suffered measurable losses.
Sometimes, wrongful death claims are filed alongside a survival action, which seeks compensation for the pain and suffering the deceased experienced before death. A skilled attorney will often pursue both to maximize recovery.
How Long Do You Have to File in SC?
The statute of limitations for wrongful death lawsuits in South Carolina is typically three years from the date of death. This deadline is strict — if you miss it, you may lose your right to pursue compensation.
Because gathering evidence and building a strong claim takes time, consult a wrongful death attorney as soon as possible after the loss.
What Happens After You Hire Coastal Law?
When you choose Coastal Law to represent your wrongful death claim:
- We investigate the accident and identify all potentially responsible parties.
- We work with experts to document liability and damages.
- We negotiate with insurance companies on your behalf.
- If necessary, we file a lawsuit and take your case to trial.
Our team understands how devastating these cases are and strives to relieve the legal stress so you can focus on your family’s healing.
FAQ — Wrongful Death in South Carolina
What is the difference between wrongful death and a survival action?
A wrongful death claim seeks damages on behalf of the family, while a survival action seeks damages the deceased could have claimed if they had lived. Often both claims are filed together.
Can a wrongful death lawsuit be filed if someone was criminally charged?
Yes. Even if the defendant faces criminal prosecution, a wrongful death claim is a separate civil action that can seek compensation for your losses.
Is there a minimum injury to file a wrongful death claim?
No. Any death caused by another’s negligent or intentional act may qualify, as long as the legal elements can be proven.
Sources and related reading
Review South Carolina Code § 15-51-10 and Coastal Law’s wrongful death representation, car accident, and pedestrian accident pages.
Get Help From Coastal Law
A wrongful death claim doesn’t erase the pain of losing someone you love, but it can provide financial stability and justice when you need it most.
If you have questions about wrongful death lawsuits in South Carolina or want to discuss your situation, the attorneys at Coastal Law are here for you.
Call (843) 488-5000 or complete our online contact form to schedule a free consultation today.
