South Carolina Wrongful Death Attorneys

What Is a Wrongful Death Lawsuit?

Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional conduct of another party.

The Wrongful Death law under South Carolina Code § 15-51-10 defines a wrongful death claim as a death “caused by the wrongful act, neglect or default of another.” South Carolina Code § 15-51-20 establishes that a wrongful death claim needs to be brought by the executor or administrator of the deceased person’s estate.

South Carolina state law also provides that a wrongful death action is for the benefit of the deceased’s spouse and child or children. If none of those parties exists, then the claim is for the benefit of the parent or parents of the deceased. When there is no spouse, child, children, or parents, the lawsuit is for the benefit of the heirs of the deceased.

Important Facts About Wrongful Death in South Carolina:

• It is a civil claim, not a criminal case.
• A wrongful death lawsuit is completely separate from any criminal prosecution. Even if no criminal charges are filed or the defendant is acquitted in criminal court, a civil wrongful death claim can still be successful.
• The burden of proof in a civil wrongful death case is lower (“preponderance of the evidence”) compared to the criminal standard (“beyond a reasonable doubt”).
• The purpose of a wrongful death claim is to provide financial compensation to the surviving family members for their losses.

Wrongful death claims most often arise from negligence (such as car accidents, truck crashes, or medical malpractice), but they can also result from intentional or reckless conduct, including cases of nursing home neglect or elder abuse.

Wrongful Death vs. Survival Action in South Carolina

South Carolina law allows two separate but related claims when a person dies due to another party’s wrongful conduct: a wrongful death action and a survival action. Both can be pursued in the same case, and families often benefit from pursuing both to recover the fullest possible compensation.

Wrongful Death Claim

A wrongful death claim compensates the surviving family members for their own losses caused by the death. This includes loss of financial support, loss of companionship and guidance, grief and emotional suffering, and funeral and burial expenses.

Survival Action

According to S.C. Code § 15-5-90, a survival action is brought on behalf of the deceased person’s estate. It seeks compensation for the damages the deceased suffered between the time of the injury and the moment of death, such as conscious pain and suffering, pre-death medical bills, and loss of enjoyment of life during that period.

Unlike a wrongful death claim, a survival action is filed through the estate rather than directly for the benefit of surviving family members.

At Stewart Law Offices, our legal team evaluates both claims in every fatal accident case we handle and pursues whichever combination maximizes justice and compensation for your family.

South Carolina Wrongful Death Statute of Limitations

South Carolina Code § 15-3-530 places a three-year statute of limitations on actions for death by wrongful acts. The limitations period begins to run on the date of the person’s death, which may be different from the date of the accident that caused their fatal injuries.

It is important to note that South Carolina Code § 15-3-545 establishes a similar three-year statute of limitations for actions involving medical malpractice, but the limitations period in such cases begins to run on the date an injury is discovered or “reasonably ought to have been discovered.” In no case can an action based on medical malpractice be brought more than six years after the occurrence of such an injury.

Wrongful Death Statistics: How Often Do Deadly Accidents Happen?

The Sun News reported that 933 people were killed in motor vehicle accidents in South Carolina. The counties with the highest totals were Greenville County with 81 deaths, Horry County with 66 deaths, and Richland County with 63 deaths.

WPDE-TV reported that South Carolina was the third deadliest state in the nation for drunk driving deaths, but was 20th in DUI arrests. South Carolina’s rate of 7.6 drunk driving deaths per 100,000 people trailed only Montana’s 9.0 and North Dakota’s 10.3.

According to the Centers for Disease Control and Prevention (CDC), there were 146,571 unintentional injury deaths in the United States during one recent year. The CDC reported that:

• Accidental falls caused 33,381 of those unintentional injury deaths.
• 37,757 were motor vehicle traffic deaths.
• 47,478 involved accidental poisoning.

According to the CDC, unintentional injuries resulted in 30.8 million emergency department visits.

According to the South Carolina Traffic Collision Fact Book:

• One traffic collision occurs in South Carolina every 3.7 minutes.
• One fatal accident happens every 9.3 hours.
• A person is killed every 8.6 hours.
• A person is killed in a drunk driving crash involving a blood or breath alcohol concentration (BAC) of 0.08 or higher every 26.5 hours.
• A teen driver is involved in a fatal or injury collision every 1.3 hours.
• A bicyclist is killed every 15.3 days.
• A motorcyclist is killed every 2.5 days.
• A pedestrian is killed every 2.5 days.
• A child under 6 years of age is killed every 8 days.

According to the Bureau of Labor Statistics (BLS), there were 117 fatal occupational injuries in South Carolina in one recent year. Of these:

• 54 were the result of transportation incidents.
• 17 were the result of violence and other injuries by persons or animals.
• 17 were the result of contact with objects and equipment.
• 16 were the result of falls, slips, or trips.
• 10 were the result of exposure to harmful substances or environments.
• 3 were the result of fires and explosions.

The BLS reported 87 fatalities were wage and salary employees while 30 were self-employed, while 103 victims were men and 14 were women.

How Do You Prove a Wrongful Death Claim in South Carolina?

Most wrongful death lawsuits contend that the negligence of another party killed a person. The wrongful death action will need to prove the same four elements central to a negligence claim:

• Duty of Care — The negligent party had a duty to the victim to conduct themselves safely and reasonably.
• Breach of Duty — The negligent party breached that duty of care by not conducting themselves safely and reasonably.
• Causation — The negligent party’s breach of the duty of care caused the victim’s injuries.
• Damages — The victim’s injuries resulted in damages.

Beyond these four elements, your attorney must also gather and present clear, convincing evidence that connects the at-fault party’s conduct to your loved one’s death. This typically involves police reports and crash reconstruction data, medical records and expert analysis, witness testimony, surveillance and dashcam footage, corporate or government records showing prior violations or dangerous conditions, and, in some cases, forensic specialists who can explain technical aspects of the fatal incident to a judge or jury.

Most people accused of causing a wrongful death will deny liability, and their insurance companies may even argue that the victim was at fault for their death. The deceased is unable to defend themselves against these types of accusations, but Stewart Law Offices will fight for justice for your loved one and seek to hold the negligent party accountable.

The earlier our team can begin an independent investigation, the stronger your case becomes. Evidence fades, witnesses become harder to locate, and surveillance footage is often overwritten within days. Acting quickly is not just advisable; it is essential.

Who Can Be Held Liable in a South Carolina Wrongful Death Case?

In a South Carolina wrongful death case, liability does not always rest with a single individual. Depending on the circumstances, multiple parties may share responsibility for your loved one’s death. Potentially liable parties can include:

• Individual drivers whose negligence, recklessness, or intoxication caused a fatal accident on roads such as I-26, I-77, or US-378
• Trucking companies and their drivers operating commercial vehicles on South Carolina’s secondary routes and primary highways
• Employers, when an employee causes a fatal accident while on the job or when the workplace is unsafe
• Property owners, when a dangerous condition on private or commercial property caused a fatal fall, drowning, or other incident
• Product manufacturers, when a defective vehicle, medical device, or consumer product caused or contributed to the death
• Government entities, when dangerous road conditions, defective traffic signals, or improperly maintained infrastructure played a role
• Healthcare providers, when medical negligence, such as a missed diagnosis, surgical error, or medication mistake, resulted in a preventable death
• Nursing home facilities, when abuse, neglect, or inadequate staffing led to a resident’s death

Identifying every responsible party matters because it ensures that all available insurance coverage and assets are pursued on your family’s behalf. At Stewart Law Offices, we conduct thorough independent investigations to uncover the full picture of liability in each wrongful death case we handle.

Compensation for a Wrongful Death Claim

Many wrongful death lawsuits are ultimately resolved through settlements. A settlement is usually agreed to when it is an amount that will cover all of the expenses a family is expected to incur because of a loved one’s death.

When an insurance company refuses to provide an adequate settlement, a lawsuit could be filed, and the case may go to trial. If the victim is successful, they could be awarded various compensatory damages.

Compensatory damages could include economic damages for easily calculable losses such as medical bills and funeral and burial expenses, as well as non-economic damages for emotional distress or loss of consortium. In a limited number of cases, a victim could also be awarded punitive damages.

Punitive damages are awarded only when a person is killed by a defendant’s willful, reckless, or wanton conduct. Punitive damages cannot be more than three times the amount of compensatory damages or $500,000, whichever is greater. The idea of punitive damages is to punish defendants for egregious conduct, such as drunk driving.

Factors That Influence the Value of a Wrongful Death Claim

Every wrongful death case in South Carolina is unique, and the value of a claim depends on a combination of factors that your attorney will carefully evaluate. These factors typically include:

• The strength of the evidence establishing the at-fault party’s negligence or recklessness
• The age, health, and earning capacity of the deceased at the time of death
• The financial dependency of surviving family members on the deceased
• The total medical costs incurred between the accident and the time of death
• The extent of grief, emotional suffering, and loss of companionship experienced by survivors
• The availability and limits of the at-fault party’s insurance coverage
• Whether punitive damages are warranted based on the nature of the wrongdoer’s conduct
• The jurisdiction and venue where the case may be tried, including the tendencies of local juries

At Stewart Law Offices, we prepare every wrongful death case as though it will go to trial. This thorough preparation not only strengthens our negotiating position with insurers, but it also ensures that we are ready to pursue your family’s case to verdict if a fair settlement cannot be reached.

Challenges in Dealing with Insurance Companies After a Wrongful Death

Insurance companies are experienced at minimizing payouts in wrongful death cases, particularly when they know families are grieving and may be vulnerable to pressure. Common tactics insurers use include:

• Contacting surviving family members quickly to take recorded statements before they have legal representation
• Offering an early settlement that sounds substantial but fails to account for the full scope of future losses
• Attempting to shift blame onto the deceased, claiming the victim was partially or entirely at fault for the fatal accident
• Delaying the claims process while evidence degrades and witnesses become harder to locate
• Disputing the nature and severity of the family’s non-economic losses, such as grief and loss of companionship

When you retain Stewart Law Offices, we take over all communications with insurance companies on your behalf from day one. You will never need to speak to an adjuster directly. Our attorneys negotiate aggressively for a settlement that reflects the true value of your loss, and we are fully prepared to litigate in court when insurers refuse to act in good faith.

Justice for Your Loved One in a Wrongful Death Action

The sudden and unexpected death of a loved one creates immediate confusion and grief among surviving family members. Wrongful death actions are never the first thing on people’s minds, but it is essential for family members to take specific steps after fatal accidents.

Because South Carolina requires a wrongful death action to be filed by the executor or administrator of the deceased person’s estate, it is usually wise for a family to ensure the proper person is appointed as executor or administrator. The vital records of the deceased will also need to be collected.

The most important thing people can do is to contact a personal injury lawyer quickly. At Stewart Law Offices, our legal team includes Tyler Bathrick, a South Carolina Bar licensed personal injury attorney with more than 19 years of experience handling complex personal injury and wrongful death cases.

Families should make sure to do this before speaking to any insurance company. Insurance adjusters may attempt to minimize your claim or pressure you into accepting an inadequate settlement, but when you have Stewart Law Offices on your side, we protect your rights and ensure you receive the full compensation your family deserves.

Some insurers will act quickly to offer lump-sum settlements to resolve these cases, but the settlement offers are usually much less than what victims are entitled to. Do not allow any family member to negotiate with an insurance company without authorization.

Contact A Wrongful Death Claim Lawyer In South Carolina

Was your loved one killed in an accident caused by another party’s negligence in South Carolina? Stewart Law Offices can conduct an independent investigation of your loved one’s death and work to hold the negligent party fully accountable.

Our firm understands the many ways that a person’s death impacts the lives of all family members. We handle all of the required paperwork and court appearances on your behalf so you can take the time you need to grieve. Call South Carolina Personal Injury Lawyers at Stewart Law Offices or contact us online to have our experienced wrongful death attorneys provide a complete evaluation of your case during a free consultation.