Understanding Wrongful Death Claims in South Carolina

Losing a loved one is a devastating experience, and it can be even more traumatic when the death is due to someone else’s negligence or misconduct. In South Carolina, families who have lost a loved one under such circumstances may have the right to file a wrongful death claim. This blog post aims to provide an understanding of wrongful death claims in South Carolina, helping families know their rights and the legal recourse available to them.

What is a Wrongful Death Claim?

A wrongful death claim is a legal action taken by the survivors of an individual who has died as a result of another party’s negligence or intentional harm. The purpose of these claims is to provide compensation for the survivors’ loss, such as lost wages from the deceased, lost companionship, and funeral expenses.

Who Can File a Wrongful Death Claim in South Carolina?

Under South Carolina law, the wrongful death claim must be filed by the executor or administrator of the deceased person’s estate. If the deceased did not appoint an executor in their will, or if there is no will, the court may appoint an administrator. Typically, the beneficiaries of the claim are the spouse, children, or parents of the deceased.

Common Causes of Wrongful Death

Wrongful death can occur in various situations, including but not limited to:

  • Car accidents caused by negligent drivers
  • Medical malpractice leading to patient death
  • Workplace accidents due to unsafe conditions
  • Product defects resulting in fatal injuries

Proving Wrongful Death in South Carolina

To succeed in a wrongful death claim, the plaintiff must prove that the death was caused by the defendant’s negligence or intentional act. This involves establishing four key elements:

  1. Duty of Care: Showing that the defendant owed a duty of care to the deceased.
  2. Breach of Duty: Proving that the defendant breached this duty through negligence or wrongdoing.
  3. Causation: Demonstrating that the defendant’s breach of duty directly caused the death.
  4. Damages: Providing evidence of the losses incurred due to the death.

Statute of Limitations for Filing a Claim

In South Carolina, the statute of limitations for filing a wrongful death claim is generally three years from the date of the person’s death. Failing to file within this timeframe can result in losing the right to sue.

Compensation in Wrongful Death Claims

Compensation in wrongful death claims may include:

  • Medical expenses incurred before death
  • Funeral and burial costs
  • Lost income and benefits of the deceased
  • Loss of companionship and emotional distress of the survivors
  • Punitive damages in cases of gross negligence or intentional harm


The loss of a loved one is always a profound and painful experience, and it is compounded when the death results from someone else’s actions. While no amount of compensation can replace the loss, a wrongful death claim in South Carolina can provide some measure of justice and financial support to the bereaved family. It is important to consult with an experienced attorney who can guide you through this complex legal process, helping to ensure that your rights and those of your loved one are fully represented.