Columbia Wrongful Death Lawyer

Legally Reviewed by Brent Stewart: June 01, 2026

When a person you care about dies unexpectedly due to someone else’s careless actions, there’s a sense of outrage at the injustice. However, you should know that South Carolina law allows certain survivors to seek justice ─ and financial compensation ─ through a wrongful death lawsuit against the negligent party. Sadly, these cases are often very emotional and may involve multiple family members, all of whom have their own unique perspectives and concerns.

With more than 30 years of experience, Brent Stewart is a South Carolina Bar-licensed lawyer who has long represented families across Columbia and Richland County.

Our experienced and compassionate Columbia wrongful death attorneys are here to explain your legal options and help your family navigate this difficult time. The consultation is free, with no obligation to you. But remember that time is limited, so do not wait too long to get the help your family needs.

Understanding Wrongful Death Claims in Columbia, South Carolina

A wrongful death claim arises when the negligent, reckless, or intentional conduct of another party causes a person’s death.

Under South Carolina Code § 15-51-10, wrongful death is defined as a death “caused by the wrongful act, neglect or default of another”, meaning the same conduct would have entitled the deceased to pursue a personal injury lawsuit had they survived.

To bring a successful Columbia wrongful death claim, four core legal elements must generally be established:

• Death of a Person — There must be a death that was caused, at least in part, by the conduct of the defendant.
• Negligence or Wrongful Act — The death must result from the defendant’s failure to exercise reasonable care or from an intentional, harmful act. Common examples include distracted driving, drunk driving, medical malpractice, unsafe premises, defective products, or deliberate violence.
• Surviving Beneficiaries — There must be qualifying family members (typically a spouse, children, parents, or other heirs under the statute of distribution) who have suffered losses as a result of the death.
• Quantifiable Damages — The surviving family members must have suffered measurable economic and non-economic losses, including lost financial support, funeral and burial expenses, medical expenses before death, and loss of companionship, guidance, and support.

Understanding these elements is the first step in determining whether your family has grounds to pursue a Columbia wrongful death lawsuit. At Stewart Law Offices, we provide a free, no-obligation case review to help you understand your rights and options.

Who Can File a Wrongful Death Lawsuit in Columbia, SC.?

Although everyone in the family may share in the tragic loss of a loved one, only certain people can technically bring a wrongful death lawsuit under South Carolina law. The law requires that wrongful death cases be brought by the executor or representative of the deceased’s estate. In most cases, this will be a trusted relative named in a will. If there is no will, the State of South Carolina outlines the order in which family members can be selected to serve in this capacity.

The law outlines the beneficiaries of a wrongful death action to include:

• The surviving spouse and children.
• If the decedent didn’t have a surviving spouse or children, then surviving parents can benefit from a wrongful death claim.
• If there are no surviving parents, then other heirs may be entitled to bring a claim, including siblings and other close relatives.

Under S.C. Code § 15-51-41, any proposed settlement in a wrongful death action must receive court approval before it is finalized, a requirement that protects all beneficiaries, particularly minor children, from settlements that may not adequately reflect the true value of their loss.

If you want to learn more about whether you are entitled to file a wrongful death claim, please contact our law firm today to discuss the details of your case.

Dealing with Insurance Companies

Insurance companies are almost always involved in wrongful death cases, and they rarely make the process easy. Their priority is to settle quickly and for as little money as possible. This means the offer they put on the table may not come close to reflecting what your family has actually been through, financially or emotionally. In some cases, they may even dispute who was at fault to avoid paying altogether.

This is why having the right legal support matters. An experienced wrongful death attorney can build a strong case, present clear evidence of negligence, and fight to make sure your family is not left short-changed by an insurer looking to protect their bottom line.

Who Is Responsible for Paying Damages in a Wrongful Death Case?

The party responsible for paying damages in a Columbia wrongful death case depends on the circumstances that caused the death. Common sources of liability and compensation include:

• Individual at-fault parties — In most cases, the negligent individual — a distracted driver, a property owner, a co-worker — is the primary defendant. Their personal liability insurance, homeowners insurance, or auto insurance is typically the first source of compensation.
• Employers and businesses — If the wrongful death occurred in a commercial setting, such as a trucking accident caused by a fatigued commercial driver, a construction accident caused by a safety violation, or a death on a poorly maintained commercial property, the employer or business may be directly liable.
• Government entities — If a dangerous road condition, defective traffic signal, or failure to maintain a public roadway contributed to a fatal accident in the Columbia area, a government entity may bear responsibility. Claims against government defendants are subject to the South Carolina Tort Claims Act and require strict compliance with notice requirements and shorter filing deadlines.
• Healthcare providers and facilities — In cases of fatal medical malpractice, hospitals, physicians, and other providers may be liable under both wrongful death and survival action theories.
• Product manufacturers — If a defective vehicle, medical device, pharmaceutical drug, or consumer product contributed to the death, the manufacturer may be held liable under South Carolina product liability law.

Identifying every responsible party is critical because it determines the total amount of insurance coverage and assets that can be pursued. At Stewart Law Offices, we conduct comprehensive investigations to ensure that no liable party is overlooked.

What Is My Columbia Wrongful Death Case Worth?

The value of a wrongful death case in Columbia depends on a combination of case-specific factors that your attorney will carefully evaluate. Key factors include:

• The age, health, and projected lifetime earnings of the deceased at the time of death
• The degree of financial dependency of surviving family members on the deceased
• The total medical expenses incurred between the accident and the time of death
• Funeral, burial, and estate administration costs
• The severity of emotional suffering, grief, and loss of companionship experienced by survivors
• The strength and clarity of the evidence establishing the defendant’s negligence
• The nature of the defendant’s conduct, particularly whether it was reckless or intentional, may support punitive damages
• The available insurance coverage and financial resources of the at-fault party

There is no average or typical wrongful death settlement, because every case reflects the unique life and circumstances of the person who was lost. At Stewart Law Offices, we work with economic experts, life care planners, and financial specialists to build a thorough and persuasive damages analysis for every family we represent.

What Types of Damages Can You Recover in a South Carolina Wrongful Death Claim?

A wrongful death claim is a type of legal action that seeks monetary compensation for the death of a close relative. Surviving family members may be entitled to bring a claim against a wrongdoer who intentionally or negligently caused a person’s death.

Damages can include:

In cases where the defendant’s conduct was especially egregious, such as a DUI crash, intentional violence, or a company’s knowing disregard for safety, a jury may also award punitive damages. Punitive damages are capped at the greater of three times the compensatory damages or $500,000, unless the defendant’s conduct constitutes a felony.

We understand that no amount of money can undo the hurt and loss that your family has suffered. However, you shouldn’t have to bear additional financial burdens due to a tragic death that could have been prevented. Please contact our dedicated Columbia wrongful death lawyers to talk about your legal rights. But don’t just take our word for it — hear directly from the families Brent Stewart has fought for and helped through their most difficult times.

Time Limits in Columbia Wrongful Death Cases

There are strict time limitations on how long you can wait to bring a lawsuit for wrongful death. In South Carolina, surviving loved ones have just three years from the date of the death to file a lawsuit. While this may sound like a long time, it’s really not. Here are some considerations you should understand:

• Grief takes time. A lot of people struggle to get back to their day-to-day lives after losing a loved one, and that grief can linger for a long time. It can be difficult to cope with all of the financial, medical, and other obligations that come from an unexpected death. Plus, if the person who has died was a parent, spouse, or primary caregiver for small children, the loss can be so overwhelming that survivors almost cannot function.
• Investigations also take time. Once you decide to work with our wrongful death attorney, our team will need time to thoroughly investigate your claim. We will need to request medical bills, medical records, and reports from medical specialists. Our lawyers may also need to consult with forensic specialists and other specially trained professionals to help build a strong case on your behalf.

Therefore, if you have lost a loved one, you should contact an experienced Columbia personal injury lawyer who specializes in wrongful death cases right away to begin work on your behalf. At Stewart Law Offices, our team works hard to take the burden off your family during this difficult time. Call now for a no-risk and no-obligation free consultation.

What Types of Accidents Can Result in a Wrongful Death?

According to the South Carolina Department of Public Safety’s Traffic Collision Fact Book, traffic crashes occur frequently across the state. On average, a collision happens every 3.7 minutes. Property damage crashes occur about every 5.2 minutes, injury crashes every 13.1 minutes, and a fatal crash approximately every 9.3 hours in South Carolina.

Our respected Columbia wrongful death law firm handles a wide variety of cases stemming from all types of catastrophic workplace accidents. These include:

• Car accidents – There are upwards of 40,000 fatalities on American roadways every year. Traffic accidents tend to be one of the most common forms of wrongful death cases. When negligent, impaired, distracted, or otherwise careless drivers fail to follow the rules, they can cause horrible injuries that ultimately result in the tragic loss of life.
• Truck accidents – Because they are so disproportionately large in comparison to traditional passenger vehicles, trucks can cause catastrophic damage when they are involved in crashes. Semi-truck collisions and accidents involving commercial vehicles can be very serious and deadly.
• Motorcycle crashes – Without any structural compartment offering protection, a motorcyclist is at the mercy of the elements and any vehicle that hits him or her. Even minor collisions at low speeds can be fatal to a motorcyclist. A simple rear-end collision can lead to crushing injuries, amputations, head traumas, and death.
• Pedestrian and bicycle accidents – Much like motorcyclists, pedestrians and bicyclists have very little to protect them in the event of a crash. Thus, many of these accidents end up being fatal.
• Medical malpractice – People go to doctors and hospitals to get better, but for as many as a quarter of a million people each year, medical errors result in deaths. When a loved one dies due to medical errors, misdiagnosis, or other medical negligence, the family has a right to seek full and fair compensation for the losses suffered.
• Slips and falls – Falls from balconies, stairs, and other heights claim many lives each year. Falls are especially dangerous for elderly and frail individuals who may already be facing health conditions. A serious fall with a fracture can spell disaster for an aging senior, leading to a decrease in mobility and other health consequences. In many cases, the fall eventually leads to a painful and untimely death.
• Nursing home abuse or neglect – Families trust that the nursing home staff and management are committed to providing their loved ones with a safe and secure environment. Unfortunately, that is not always the case. Abuse and neglect at nursing homes are inexcusable, and in the worst cases, they can lead to the death of a vulnerable loved one.
• Workplace and construction accidents – Construction sites, manufacturing facilities, and industrial workplaces throughout Richland County and the Columbia metro area present serious hazards. Fatal falls, equipment malfunctions, electrocutions, and explosions can all give rise to wrongful death claims, sometimes in addition to workers’ compensation benefits.
• Defective product accidents – When a dangerously defective vehicle component, industrial machine, consumer product, or pharmaceutical drug causes a fatal injury, the manufacturer, distributor, or retailer may be held strictly liable under South Carolina product liability law, even without proof of negligence.

There are strict time limitations on how long you can wait to bring a lawsuit for wrongful death. In South Carolina, surviving loved ones have just three years from the date of the death to file a lawsuit, as established by South Carolina Code § 15-3-530.

We do not charge anything for an initial consultation, so there is no risk of talking to an attorney about your family’s options. Contact Stewart Law Offices today to learn more about our law firm and set up a free initial consultation with an experienced wrongful death attorney in Columbia.

Visit Our Wrongful Death Attorneys in Columbia, SC

Contact Our Columbia Wrongful Death Lawyers

It can be tough to know how to move forward after a serious injury or death, but the compassionate lawyers of Stewart Law Offices are here to help you understand all of your options. Our wrongful death lawyers in Columbia are committed to fighting for families who are struggling to cope with the unexpected loss of a loved one.

When you hire our firm, we immediately make your case a priority

• Always being available to talk when you need us. We know it can be an overwhelming process, so you can rest assured that our attorneys and professional staff will give you the care and attention that you deserve.
• Explaining things in a way that makes sense. There is no need for legalese. Our trusted wrongful death attorneys can help to make sure you understand what is going on and what rights you have from start to finish.
• Helping to resolve your case. Whether it is through a swift wrongful death settlement or a jury trial, our legal team will work tirelessly in our pursuit of justice for you.

Whether you are looking for information about your legal rights, trying to better understand how long you have to take action, or just need advice on how to deal with the unpaid medical bills and other expenses caused by a wrongful death, let our caring team of professionals help you and your family today.

FAQs About Wrongful Death Claims in Columbia, SC