What to Do After Losing a Loved One in Greenville
There's no right order for any of this. Let friends and relatives help with the paperwork.
- Grief before paperwork. The service, the people you love and sleep all come ahead of anything legal.
- Ask for the reports. Find out whether the Highway Patrol, the Greenville Police Department, the Sheriff's Office or another agency responded, and how to get copies.
- Extra certified copies. Ask for several certified death certificates; accounts and policies each tend to want one.
- Keep belongings as they are. A vehicle, product, helmet or clothing involved should be stored safely, not repaired, sold or thrown out. Their cell phone may hold texts, photos or location history, so leave it charged and untouched.
- A notebook of what you've heard. The trooper's name, what the ER doctor said, which coworker called the family.
- Keep the papers together. Medical bills, funeral receipts, pay stubs and insurance letters.
The Time Limit
South Carolina wrongful death lawsuits generally must be filed within three years of the death. Different rules may apply when a death involves medical malpractice, a government agency or other special laws.13
A related survival claim may have a different deadline.1 Handling probate matters generally does not stop the filing deadline for a South Carolina wrongful death lawsuit.4 Negotiating with an insurance adjuster does not stop it either.2
Who Benefits From the Claim
South Carolina law names the family members who benefit: the surviving spouse and children, or, if there are none, the parents, and other heirs if none of those survive.5 The personal representative brings the case, but the recovery is meant for those beneficiaries, not simply as the will directs.6
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
What Compensation May Be Available
A jury may award damages for the family's losses, which can include lost support and the family's grief, sorrow, mental shock and loss of companionship.7 Depending on the circumstances, funeral expenses and certain other financial losses may also be recoverable, and punitive damages may be available in qualifying cases involving serious misconduct.8
See our statewide wrongful death page. If a death followed a crash with a tractor-trailer, see truck crashes in Greenville.
Talk With Us
Your family didn't choose this. We want to know who your loved one was, not only how they died, and we go at your pace.
Our office is on King Street in downtown Charleston. The first conversation can happen by phone. We take cases across South Carolina, including Greenville and the Upstate. If you hire us, the insurers can usually deal with us.
Call and tell us about the person you lost.
South Carolina Law on This
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the person's death. However, different rules may apply when a death involves medical malpractice, a government agency, or other circumstances governed by special laws. A related survival claim may also have a different filing deadline.1
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.2
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.3
- Handling probate matters generally does not stop the filing deadline for a South Carolina wrongful death lawsuit.4
- In South Carolina, a wrongful death lawsuit is brought by the personal representative of the deceased person's estate on behalf of family members designated by law. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents. If none of those relatives survive, other legal heirs may benefit from the claim.5
- A South Carolina wrongful death lawsuit must be brought by or in the name of the deceased person's personal representative, generally the executor or administrator of the estate, for the benefit of eligible surviving family members. Those beneficiaries do not ordinarily file individual wrongful death lawsuits in their own names, and if no personal representative has been appointed, that may be one of the first steps. The recovery is intended for the beneficiaries set by statute, not simply as the deceased person's will directs.6
- In a South Carolina wrongful death claim, a jury may award damages for the family's losses, which can include financial losses such as lost support, and the family's grief, sorrow, mental shock and loss of companionship.7
- Depending on the circumstances, funeral expenses and certain other financial losses may also be recoverable in a South Carolina wrongful death case. Punitive damages may be available in qualifying cases involving sufficiently serious misconduct.8
- Depending on the circumstances, a separate survival claim may be available for losses the deceased person experienced before death, including certain medical expenses and conscious pain and suffering. A wrongful death claim addresses losses suffered by eligible surviving family members. The two claims are legally distinct and may be pursued together when appropriate.9
- When an injured person dies, the injury claim they had does not end. Their estate's personal representative can pursue it as a survival claim, separate from a wrongful death claim.10
Frequently Asked Questions
Who in our family brings the claim?
A South Carolina wrongful death lawsuit must be brought by or in the name of the personal representative, generally the executor or administrator of the estate, for the benefit of eligible family members. If no one has been appointed, that may be an early step.6 Until then, a son, daughter or spouse can still collect papers and have the first conversation with a lawyer.
How do we know if there is a case?
The cause of death, the crash or medical records, and what witnesses saw all play a part. Sitting down, even by phone, with a lawyer who has looked at those details is the honest way to answer.
Should we wait until probate is finished?
Sources
- S.C. Code §§ 15-3-530(6) and 15-3-545
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code § 15-3-530(6)
- S.C. Code §§ 15-51-10 and 15-51-20
- S.C. Code § 15-51-20
- S.C. Code § 15-51-40; S.C. Requests to Charge - Civil § 35-6 (wrongful death damages); Smith v. Wells, 258 S.C. 316, 188 S.E.2d 470 (1972)
- S.C. Code § 15-51-40
- S.C. Code § 15-5-90; S.C. Code § 15-51-10 et seq.
- S.C. Code § 15-5-90
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
