How South Carolina Courts Calculate Wrongful Death Damages: A Plaintiff's Guide
Wrongful death damages in South Carolina are not simply the deceased's lost earnings. Courts allow recovery for loss of companionship, mental anguish, survival damages, and punitive damages in appropriate cases. Understanding the full scope of what is recoverable is essential before any settlement discussion.
When a family loses someone due to another person's negligence, the legal system cannot restore what was taken. What it can do — and what South Carolina's wrongful death statute is designed to accomplish — is ensure the surviving family is not also left to bear the financial and emotional burden of the loss alone. Understanding the full scope of recoverable damages in a South Carolina wrongful death case is essential before any settlement discussions begin.
The Statutory Framework
South Carolina Code §§ 15-51-10 through 15-51-60 establish the wrongful death cause of action. In Crosby v. Glasscock Trucking Co., the South Carolina Supreme Court addressed the proper measure of damages under the statute, confirming the breadth of recovery available to surviving family members. The personal representative of the estate files the lawsuit, but the damages flow directly to the statutory beneficiaries — surviving spouse, children, and in their absence, other heirs — bypassing the estate's creditors.
Economic Damages: The Financial Loss Component
Economic damages in a wrongful death case quantify the financial contributions the deceased would have made to the family over their expected remaining life:
- Lost future earnings. A vocational expert and economist calculate the present value of the deceased's projected lifetime earnings, adjusted for expected raises, career progression, and the statistical probability of continued employment. For a young parent in their 30s, this figure can easily reach seven figures.
- Lost household services. The monetary value of cooking, childcare, home maintenance, and other services the deceased provided to the household is a separate, quantifiable component of economic damages.
- Funeral and burial expenses. Directly recoverable as a component of economic damages.
- Medical expenses incurred before death. If the deceased survived the negligent act for any period before dying, the medical expenses incurred during that period are recoverable through the companion survival action under § 15-5-90.
Non-Economic Damages: Loss, Grief, and Companionship
South Carolina allows statutory beneficiaries to recover for the non-economic losses accompanying the death of a loved one — categories of damage that can be substantial even in cases where the deceased's economic contributions were modest:
- Loss of companionship, society, and comfort
- Mental anguish and emotional suffering of surviving beneficiaries
- Loss of the deceased's care, guidance, and counsel
- Loss of consortium (for a surviving spouse)
South Carolina does not cap non-economic wrongful death damages in standard personal injury cases (the cap on non-economic damages in medical malpractice cases — currently $350,000 per defendant — is a separate statutory provision that does not apply to most wrongful death cases).
Punitive Damages in Wrongful Death Cases
When the conduct that caused the death was willful, wanton, or reckless — drunk driving, falsified safety records, deliberate concealment of a known defect — punitive damages may be available in the wrongful death context under the same clear and convincing evidence standard that applies in standard personal injury cases. These damages are not capped in most cases and can substantially exceed the compensatory award.
How Traywick Law Helps
Our office handles wrongful death claims throughout the Charleston area, including multi-party trucking cases, fatal construction accidents, and drunk driving fatalities. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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