Losing a loved one due to someone else's negligence is one of the most devastating experiences a family can face. South Carolina law allows certain family members to pursue a wrongful death claim when a person's death is caused by another party's wrongful act, neglect, or misconduct.
In Charleston and throughout South Carolina, wrongful death cases commonly arise from car accidents, medical malpractice, workplace incidents, defective products, and other preventable tragedies. While no legal action can undo the loss, a wrongful death claim may help families seek accountability and financial recovery.
Understanding Wrongful Death Under South Carolina Law
South Carolina Code § 15-51-10 states: "Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages."
In simple terms, wrongful death law applies when a fatal incident occurs because of someone else's misconduct or negligence. Common causes include motor vehicle collisions, drunk driving crashes, medical negligence, workplace accidents, dangerous property conditions, and defective products.
Who Can File a Wrongful Death Claim
Under South Carolina Code § 15-51-20, the claim must be brought by the executor or administrator of the deceased person's estate, known as the personal representative.
Although the personal representative files the case, the recovery is meant to benefit specific family members:
- The surviving spouse and children
- Parents of the deceased, if there is no spouse or child
- Other heirs if there are no surviving parents
Wrongful Death Claim vs. Survival Action
In South Carolina, fatal injury cases may involve two separate legal claims: a wrongful death action and a survival action.
Wrongful Death Claim
A wrongful death claim focuses on the harm suffered by surviving family members due to the death. Damages may include:
- Loss of companionship and support
- Emotional suffering of family members
- Financial losses caused by the death
Survival Action
South Carolina Code § 15-5-90 establishes survival actions, which allow the estate to pursue damages the deceased person could have claimed if they had survived. These may include:
- Medical expenses incurred before death
- Conscious pain and suffering experienced by the victim
- Lost wages between injury and death
- Certain funeral and burial costs
Types of Damages
Under South Carolina Code § 15-51-40, damages in wrongful death cases may include economic damages (loss of income, medical expenses, funeral costs) and non-economic damages (grief, emotional suffering, loss of companionship).
The statute also provides that "the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, willfulness, or malice." Exemplary damages (also called punitive damages) are intended to punish particularly dangerous behavior and deter similar misconduct.
Filing Deadlines in South Carolina
South Carolina Code § 15-3-530(6) provides that wrongful death claims must be filed within three years from the date of death. The statute states the time period begins "upon the death of the person on account of whose death the action is brought."
However, certain circumstances may alter this timeline, such as claims involving government entities or cases with additional procedural requirements. Because deadlines can significantly impact a case, it is important to begin investigating potential claims as soon as possible.
Contact Kahn Law Firm LLP
If your family has lost a loved one due to someone else's negligence in Charleston or elsewhere in South Carolina, understanding your legal options is an important first step. The attorneys at Kahn Law Firm LLP focus on serious injury and wrongful death cases and have extensive experience handling complex litigation involving catastrophic injuries and fatal accidents.
If you would like to discuss your situation, you may contact the firm through our consultation page.
You may also call 843-920-5690 to speak with our office about your situation and learn more about how we assist families dealing with wrongful death cases in Charleston and throughout South Carolina.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.