Our South Carolina Wrongful Death Lawyers Can Help You Get Justice for the Loss of Your Loved One

When a family member dies due to someone else's negligence or wrongful conduct, South Carolina law provides legal recourse through wrongful death claims. At Pracht Injury Lawyers, our experienced wrongful death attorneys in Anderson, Greenville, Camden, and Summerville help families seek justice and financial compensation during their most difficult times. We handle all aspects of wrongful death cases, from investigating the cause of death to pursuing maximum compensation for your family's losses.

The sudden, unexpected loss of a loved one creates devastating emotional and financial hardship. While no amount of money can replace your loved one, a successful wrongful death claim can provide financial security for your family and hold negligent parties accountable for their actions.

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What Constitutes a Wrongful Death in South Carolina

Under South Carolina law, a wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. South Carolina Code Section 15-51-10 through 15-51-60 governs wrongful death claims and establishes the legal framework for seeking compensation.

Common causes of wrongful death in South Carolina include:

Motor Vehicle Accidents

• Car accidents caused by drunk driving, speeding, or distracted driving
• Truck accidents involving commercial vehicles and tractor-trailers
• Motorcycle accidents due to driver negligence
• Pedestrian and bicycle accidents in crosswalks and roadways

Medical Malpractice

• Medical malpractice including surgical errors and misdiagnosis
• Hospital negligence resulting in patient deaths
• Medication errors and pharmaceutical mistakes
• Birth injuries that result in infant or maternal death

Premises Liability

• Premises liability accidents on dangerous property
• Drowning accidents in swimming pools, lakes, and beaches
• Construction site accidents involving unsafe working conditions
• Nursing home neglect and abuse cases

Product Liability

• Defective products that cause fatal injuries
• Dangerous pharmaceuticals with deadly side effects
• Faulty medical devices and equipment

Who Can File a Wrongful Death Lawsuit in SC

South Carolina law is specific about who can file a wrongful death lawsuit. Only the Personal Representative of the deceased person's estate can file the claim, and this person must be appointed by the Probate Court.

Priority for Personal Representative Appointment

According to South Carolina Probate Code Section 62-3-203, the priority order is:

1. Person named in the will - If the deceased had a valid will naming an executor
2. Surviving spouse - Who is also a beneficiary under the will
3. Other beneficiaries - Named in the will
4. Surviving spouse - Regardless of beneficiary status
5. Other heirs - Including adult children, parents, and siblings
6. Creditors - After 45 days from the date of death

The Personal Representative files the lawsuit for the benefit of the deceased person's survivors, including spouses, children, parents, and other family members who suffered losses due to the death.

Types of Wrongful Death Cases We Handle

Our Anderson and Greenville wrongful death attorneys have extensive experience handling various types of fatal accident cases throughout South Carolina:

Fatal Car Accidents

Motor vehicle fatalities are among the most common wrongful death cases we handle. South Carolina highways claim approximately 1,000 lives annually, many due to preventable accidents caused by negligent drivers.

Drunk Driving Fatalities

Drunk driving accidents often result in severe criminal charges for the impaired driver and civil liability. We also pursue dram shop claims against establishments that illegally served alcohol to intoxicated patrons.

Medical Malpractice Deaths

When medical professionals fail to provide appropriate care, resulting in patient death, families can pursue wrongful death claims. These cases often involve complex medical evidence and expert witness testimony.

Workplace Fatalities

Fatal workplace accidents may involve both workers' compensation benefits and third-party wrongful death claims against negligent contractors, equipment manufacturers, or property owners.

Nursing Home Deaths

Neglect and abuse in nursing homes can result in preventable deaths. Our attorneys investigate these cases thoroughly to determine if facility negligence contributed to your loved one's death.

Damages Available in Wrongful Death Cases

South Carolina wrongful death cases typically involve two separate legal actions, each with different types of recoverable damages:

Wrongful Death Action

The wrongful death claim seeks compensation for "the full value of the life of the decedent" including:

• Economic damages - Lost earnings and benefits over the deceased's expected lifetime
• Household services - Value of services the deceased provided to the family
• Non-economic damages - Companionship, guidance, protection, and care lost by family members
• Future financial contributions - Money the deceased would have provided to family

Survival Action

The survival action compensates the estate for:

• Medical expenses - Hospital bills and medical treatment costs
• Funeral and burial costs - Reasonable expenses for services and interment
• Pain and suffering - What the deceased experienced from injury until death
• Lost wages - Income lost from injury until death

Factors Affecting Damage Awards

Several factors influence the value of wrongful death damages:

• Age of the deceased - Younger victims typically have higher economic loss calculations
• Income and earning capacity - Higher earners result in larger economic damage awards
• Family relationships - Spouses and dependent children typically receive larger awards
• Life expectancy - Longer expected lifespan increases economic damages
• Circumstances of death - Particularly tragic or preventable deaths may result in higher awards

South Carolina Wrongful Death Statute of Limitations

You have three years from the date of death to file a wrongful death lawsuit in South Carolina. This deadline is absolute in most cases, and failing to file within this timeframe typically bars your right to recover compensation.

When the Statute of Limitations Begins

The three-year clock starts ticking on the date of death, not the date of the accident or incident that caused the injury. For example, if someone is injured in a car accident on January 1st but dies from those injuries on March 1st, the statute of limitations begins on March 1st.

Exceptions to the Statute of Limitations

Limited circumstances may extend or toll the statute of limitations:

• Discovery rule - In cases where the cause of death wasn't immediately apparent
• Defendant's absence - If the responsible party leaves South Carolina
• Fraudulent concealment - When defendants hide evidence of their wrongdoing

Government Entity Claims

Claims against government entities have much shorter deadlines - often just months rather than years. These cases require immediate legal attention to preserve your rights.

Time is critical in wrongful death cases. Evidence can disappear, witnesses' memories fade, and legal deadlines approach quickly. Contact our wrongful death attorneys immediately to protect your family's rights.

The Wrongful Death Legal Process

Initial Investigation

Our wrongful death attorneys begin with a thorough investigation to:

• Determine the cause of death - Working with medical experts and accident reconstruction specialists
• Identify all responsible parties - Including individuals, corporations, and insurance companies
• Preserve crucial evidence - Through spoliation letters and immediate evidence gathering
• Interview witnesses - Before memories fade or witnesses become unavailable

Probate Court Proceedings

Before filing the wrongful death lawsuit, we help families:

• Petition for Personal Representative appointment - Through the appropriate probate court
• Open the estate - Establishing legal authority to pursue claims
• Handle probate requirements - Ensuring all legal procedures are followed correctly

Building the Case

We develop a comprehensive legal strategy by:

• Consulting with experts - Medical professionals, economists, and life care planners
• Calculating damages - Both economic and non-economic losses
• Gathering medical records - Complete medical history and treatment records
• Documenting the victim's life - Work history, family relationships, and contributions

Settlement Negotiations

Many wrongful death cases settle before trial through:

• Insurance claim negotiations - With liability and life insurance carriers
• Mediation proceedings - Facilitated settlement discussions
• Direct negotiations - With responsible parties and their attorneys

Trial Preparation and Litigation

When settlement isn't possible, we're prepared to take your case to trial with:

• Expert witness testimony - Medical experts, economists, and industry specialists
• Compelling presentations - Showing the impact of your loss to the jury
• Thorough preparation - Including deposition preparation and trial strategy

Why You Need an Experienced Wrongful Death Attorney

Complex Legal Requirements

Wrongful death cases involve intricate legal procedures that require experienced representation:

• Probate court navigation - Understanding estate procedures and Personal Representative duties
• Multiple claim coordination - Managing both wrongful death and survival actions
• Insurance company negotiations - Dealing with multiple insurance policies and coverage issues
• Evidence preservation - Knowing what evidence to gather and how to preserve it legally

Maximizing Compensation

Experienced wrongful death attorneys understand how to:

• Calculate lifetime earning capacity - Using economic experts and statistical analysis
• Value non-economic losses - Quantifying the intangible aspects of your loved one's life
• Identify all insurance coverage - Finding additional compensation sources
• Negotiate effectively - Using proven strategies to maximize settlements

Managing Complex Cases

Wrongful death cases often involve:

• Multiple defendants - Requiring coordination of various legal strategies
• Expert witness coordination - Managing medical, economic, and technical experts
• Insurance coverage disputes - Resolving conflicts between insurance companies
• Family disagreements - Helping families work through difficult decisions

Frequently Asked Questions About South Carolina Wrongful Death Cases

Who can file a wrongful death lawsuit in South Carolina?

Only the Personal Representative of the deceased person's estate can file a wrongful death lawsuit in South Carolina. This person must be appointed by the Probate Court and typically is the surviving spouse, adult child, parent, or sibling. The lawsuit is filed for the benefit of the deceased person's survivors, including family members who suffered losses due to the death.

How long do I have to file a wrongful death claim in South Carolina?

South Carolina has a 3-year statute of limitations for wrongful death claims, beginning from the date of death. However, claims against government entities may have much shorter deadlines, sometimes just months. It's crucial to consult with a wrongful death attorney immediately to ensure you don't miss critical deadlines.

What damages can be recovered in a South Carolina wrongful death case?

South Carolina wrongful death cases can recover both economic and non-economic damages. Economic damages include lost earnings, medical expenses, and funeral costs. Non-economic damages compensate for the "full value of the deceased person's life," including lost companionship, guidance, protection, and support provided to family members.

What is the difference between wrongful death and survival actions?

A wrongful death action compensates survivors for their loss of the deceased person's life, including lost earnings, companionship, and guidance. A survival action compensates the estate for what the deceased person experienced, including pain and suffering from injury until death, medical expenses, and funeral costs.

Do I need a lawyer for a wrongful death case?

Yes, wrongful death cases are among the most complex legal matters, involving probate court procedures, expert witness testimony, insurance coverage disputes, and intricate damage calculations. An experienced wrongful death attorney can navigate these complexities, maximize compensation, and handle all legal requirements while you focus on grieving and healing.

How much does it cost to hire a wrongful death attorney?

At Pracht Injury Lawyers, we handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we win your case. We advance all case expenses and only get paid when you receive compensation. This ensures that quality legal representation is available regardless of your financial situation.

Areas We Serve in South Carolina

Pracht Injury Lawyers handles wrongful death accident cases throughout South Carolina, with primary service areas in:

Primary Service Areas:

• Summerville - Charleston County and surrounding areas
• Greenville - Greenville County and the greater Upstate region
• Anderson - Anderson County and surrounding communities
• Camden - Kershaw County and the Midlands region

Statewide Coverage

In addition to our primary service areas, we also handle cases throughout South Carolina, including:

• Upstate & Midlands: Spartanburg, Clemson, Pickens, Newberry, Union, Laurens, Abbeville, Taylors, Greenwood, Mauldin, Simpsonville
• Pee Dee & Central SC: Florence, Orangeburg, Aiken
• Piedmont & Northern SC: Rock Hill, York, Lancaster, Chester
• Other Communities Across the State: Saluda and all surrounding areas

No matter where you live in South Carolina, our experienced personal injury and wrongful death attorneys are here to help.

Why Choose Pracht Injury Lawyers for Your Wrongful Death Case

Proven Results

• Substantial wrongful death settlements throughout South Carolina
• Trial-ready attorneys prepared to take your case to court
• Multi-million dollar case experience with complex wrongful death claims

Compassionate Representation

• Free personal consultation with Christopher Pracht 
• 24/7 availability for emergency consultation
• Respectful service honoring your loved one's memory

No Fees Unless We Win

• Contingency fee representation - You pay nothing unless we recover compensation
• We advance all case costs - Expert witnesses, court fees, and investigation expenses
• Maximum recovery focus - Our success depends on yours

South Carolina Expertise

• Deep knowledge of SC wrongful death law and local court procedures
• Established expert network - Medical professionals, economists, accident reconstruction specialists
• Community commitment to making South Carolina safer

Schedule Your Free Consultation

Your family deserves justice and the financial security that a successful wrongful death claim can provide. Let our experienced South Carolina wrongful death attorneys fight for the compensation your family needs and deserves.