Who Can File a Wrongful Death Case in South Carolina?

At Traywick Law Offices, we have helped numerous families who have lost loved ones in preventable accidents obtain compensation through wrongful death lawsuits. If you have lost a family member, you may have questions about your legal options, including whether you have a case, who can file a lawsuit, how long you have to file a lawsuit, and what kinds of damages you may be compensated for. In this blog, we will provide a brief summary of wrongful death claims in South Carolina so that you can have greater knowledge of what to expect from the process.

According to Section 15-51-10 through 60 of South Carolina’s wrongful death statute, a lawsuit may be brought on behalf of the spouse and children of a deceased person when his or her death was caused by the negligent, reckless, or deliberate actions of another person. If the deceased person left behind neither spouse nor children, then a lawsuit may benefit their parents or heirs (in that order). Examples of accidents that may result in a wrongful death include car accidents, truck accidents, workplace accidents, medical malpractice, and nursing home abuse.

Pursuant to state law, a wrongful death lawsuit must be brought by, or in the name of, the administrator or executor of the deceased person. This person is responsible for carrying out the terms of the deceased person’s will or, in the absence of a will, to distribute the deceased person’s property in accordance with South Carolina’s probate laws.

A wrongful death lawsuit may seek compensation for the following damages:

  • Medical bills
  • Funeral and burial costs
  • Mental anguish
  • Pain and suffering
  • Lost benefits
  • Lost wages, including future earnings
  • Loss of companionship and support
  • Punitive damages

There are time limits for filing wrongful death action in South Carolina. The statute of limitations is usually three years from the date of the person’s death, but there are some exceptions. It is important to consult with an attorney as soon as possible to avoid losing your right to pursue compensation.

Our firm is here to help you fight for justice after an unexpected and painful loss. To schedule a free legal consultation with a Charleston wrongful death attorney at Traywick Law Offices, please call (843) 343-5092 or fill out an online contact form.


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