A wrongful death case arises after an individual is killed by the carelessness or neglect of another person or corporation. Sadly, this occurs every day for reasons that can be and should be avoided.
South Carolina law allows you to sue the negligent or guilty party for causing the wrongful death. You can never put a price on human life. However, the justice system is intended to help you and your family with the financial burdens and consequences of your loss, especially if the deceased was the breadwinner of the family. The law also punishes the other party for wrongfully taking a life. 
At Pracht Injury Lawyers, our goal is to assist you in understanding your choices in seeking out a wrongful death lawyer and in determining whether you have a case against the person who killed your family member. Pursuing a lawsuit is a major decision and should only be undertaken once you have regained your footing. However, please keep in mind there are laws in South Carolina and every other state that limit the time in which you can file a lawsuit.
Who Can File a Wrongful Death Lawsuit in South Carolina?
Only the personal representative (executor or administrator) of the deceased's estate can file a wrongful death lawsuit in South Carolina. This person is typically named in the deceased's will or appointed by the probate court.
Priority for Personal Representative Appointment
- Person named in the will (if a valid will exists)
- Surviving spouse
- Adult children
- Parents
- Siblings
- Other relatives
The personal representative must be deemed fit by the probate court and acts on behalf of all eligible beneficiaries.
Who Can Be Named the Personal Representative?
Under the South Carolina Probate Code, if the decedent died with a validly executed Will, then the person named in that document has priority to be appointed the Personal Representative. If the decedent died without a Will, then their Estate will be declared “intestate” and the following priority will apply:
- Surviving spouse
- Adult children
- Parents
- Siblings
- Other relatives
Please note that any Personal Representative, regardless of priority, must be deemed fit by the Probate Court.
Who Receives Compensation from a Wrongful Death Settlement?
South Carolina law determines who receives wrongful death compensation, regardless of what the deceased's will states. Under SC Code Section 15-51-20, beneficiaries include:
Primary Beneficiaries
- Surviving spouse and children (receive compensation first)
- Parents (if no spouse or children survive)
- Other heirs (if no spouse, children, or parents survive)
The court determines how damages are distributed among beneficiaries based on their relationship to the deceased and their financial dependency.
What Damages Are Available in South Carolina Wrongful Death Case?
South Carolina wrongful death claims involve two separate legal actions with different types of compensation:
1. Wrongful Death Action Damages
This represents the "full value of the life of the decedent" and includes:
- Economic damages: Lost future earnings, benefits, and household services
- Non-economic damages: Loss of companionship, guidance, and emotional support
- Punitive damages: Available when death resulted from reckless, willful, or malicious conduct
2. Survival Action Damages
This covers losses the deceased experienced before death:
- Medical expenses incurred before death
- Funeral and burial costs
- Pain and suffering experienced between injury and death
Important distinction: Wrongful death proceeds go directly to surviving family members, while survival action proceeds become part of the deceased's estate.
South Carolina Wrongful Death Statute of Limitations
You have limited time to file a wrongful death lawsuit in South Carolina:
- 3 years from the date of death for most wrongful death cases
- 2 years from the date of death for cases involving government entities
- Special rules may apply for medical malpractice cases
Critical timing: Missing the statute of limitations deadline typically bars your claim forever. Contact an experienced wrongful death attorney immediately to protect your rights.
Proving a Wrongful Death Case in South Carolina
To win a wrongful death lawsuit, you must prove four key elements:
- Duty of care: The defendant owed a legal duty to the deceased
- Breach of duty: The defendant violated that duty through action or inaction
- Causation: The breach directly caused the death
- Damages: The death resulted in measurable losses to survivors
Evidence Needed for Wrongful Death Claims
- Accident reports from police, workplace, or other authorities
- Medical records documenting injuries and cause of death
- Witness testimony about the incident
- Expert testimony on liability and damages
- Financial records showing the deceased's earning capacity
Average Wrongful Death Settlement Amounts in South Carolina
Wrongful death settlements in South Carolina vary widely based on specific circumstances:
Factors Affecting Settlement Value
- Age of the deceased (younger victims typically result in higher settlements)
- Income and earning capacity of the deceased
- Number of dependents and their ages
- Degree of negligence by the responsible party
- Availability of insurance coverage
How Long Do Wrongful Death Cases Take in South Carolina?
Most wrongful death cases in South Carolina resolve within 1-3 years, though complex cases may take longer.
Timeline Factors
- Case complexity: Simple cases may settle in months, while complex cases involving multiple parties can take years
- Investigation time: Gathering evidence and expert testimony can take 6-12 months
- Probate proceedings: Appointing a personal representative can add 2-6 months
- Settlement negotiations: May occur at any time during the process
- Trial preparation: If settlement fails, trial preparation adds 6-12 months
Frequently Asked Questions About South Carolina Wrongful Death Claims
Can I file a wrongful death lawsuit if criminal charges are pending?
Yes, you can file a civil wrongful death lawsuit even if criminal charges are pending. Civil and criminal cases are separate proceedings with different standards of proof. A criminal case requires proof "beyond a reasonable doubt," while a civil case requires proof "by a preponderance of the evidence."
What if the deceased was partially at fault for the accident?
South Carolina follows comparative negligence rules. If the deceased was partially at fault, your compensation may be reduced by their percentage of fault. However, you can still recover damages as long as the deceased was less than 51% at fault.
Can I recover damages if the deceased had no income?
Yes, you may still recover damages even if the deceased had no income. Compensation can include the value of household services, companionship, and guidance that the deceased provided to family members.
What if the responsible party has no insurance?
An experienced attorney can explore multiple avenues for compensation, including pursuing the defendant's personal assets, identifying additional liable parties, or exploring coverage under your own insurance policies.
Choosing the Right Wrongful Death Attorney in South Carolina
Selecting an experienced wrongful death lawyer is crucial for maximizing your compensation and achieving justice.
What to Look for in a Wrongful Death Attorney
- Specialized experience in wrongful death and personal injury law
- Track record of substantial verdicts and settlements
- Resources to handle complex litigation and expert witnesses
- Compassionate approach to grieving families
- No upfront fees (contingency fee arrangement)
Why Choose Pracht Injury Lawyers
Pracht Injury Lawyers has recovered over $20 million in a single wrongful death case and has extensive experience throughout South Carolina. Our firm offers:
- Proven results: Largest wrongful death verdict in Horry County history
- Comprehensive service: We handle all aspects of your case
- Statewide representation: Offices in Anderson, Camden, Greenville, and Summerville
- Free consultation: No cost to discuss your case
- Contingency fees: You pay nothing unless we win
Our office in Anderson, South Carolina, Pracht Injury Lawyers is ready to serve you. Our firm has handled big verdict cases in Greenville, Columbia, Greenwood, Abbeville, Orangeburg, Clemson, Seneca, Laurens, Spartanburg, Aiken, Newberry, Easley, Charleston, and throughout South Carolina. Contact us today.
