The First Weeks
We are sorry you are going through this. None of it has to happen today, and people who love you can carry much of it.
- Take care of each other. The funeral, family and rest come first. A friend can keep a list of everything else.
- Ask for the reports. A friend can call the agency that responded and ask how to get copies.
- Order several death certificates. Banks, insurers and courts often want one.
- Keep what was involved. A vehicle, boat, product, helmet or clothing should be stored safely, not repaired, sold or thrown out. Leave their phone as it is, charged and not reset.
- Write down what people told you. Officers, nurses, witnesses and coworkers may each have said something that matters.
- Use one folder. Medical bills, funeral receipts, pay stubs and insurance letters.
- Let papers wait. An adjuster's form can sit on the counter until your questions are answered.
Keep anything that shows what your loved one earned, and write down what they did for the family, from school runs to caring for a parent to keeping up the house and yard.
Time Limits
A South Carolina wrongful death suit generally must be filed within three years of the death. Some cases have different deadlines or added requirements, especially those involving medical malpractice, government bodies or other laws.13
A wrongful death suit is separate from a survival claim, and the timing questions can differ. Opening an insurance claim, negotiating or handling probate generally does not stop the clock.24 Don't assume every claim shares one deadline; get advice soon.1
Who May Benefit From a Claim
South Carolina law says which surviving family members may benefit. As a rule, a husband or wife and the children are first in line. With no spouse or child, the parents may be beneficiaries, and other heirs may qualify if none of those relatives survive.5
The personal representative brings the suit, but the recovery is meant for the eligible beneficiaries. How it is divided depends on the family and the statute.6
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Losses a Claim May Seek
The family's own losses can be part of the claim: the income they counted on, the companionship they lost, their grief and other recognized damages.7 Funeral costs and some other money losses may also be recoverable, and punitive damages may be available for serious enough misconduct.8 What is available depends on the evidence and the law. The statewide page covers wrongful death claims in South Carolina.
Talk With Us About What Happened
Your family did not choose this. We handle these cases with care and patience, and we want to know who your loved one was, not only how they died. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone, whenever your family is ready, and families who live in another state can call too.
If the death followed medical care, see Johns Island medical malpractice claims. If it followed a crash, see Johns Island car wrecks.
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
Can I file the claim in my own name as his wife?
In South Carolina, the suit is brought by the personal representative, usually the executor or administrator of the estate, for the eligible surviving family. If no one has been appointed yet, that may be one of the first steps.6 Before anyone is appointed, relatives can still pull records together and speak with a lawyer.
How do we know if our family has a case?
The answer depends on how the death happened and what the records say, which no web page can judge. A conversation with a lawyer about the facts is the way to find out.
Should we wait until probate is finished?
Can the family recover hospital bills and other losses from before he died?
The other driver's adjuster keeps calling. Do we have to talk?
You can be polite and brief. A request for a recorded statement or a signature is only a request, and it is fine to say your family is getting advice. Don't sign anything in a hurry.
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.
