What to Do After Losing a Loved One
There's no right order for any of this. Accept help with the forms.
- Grieve first. The service, the family and sleep matter more right now than any claim. Someone outside the immediate family can track the details.
- Request the official records. Police, the coroner or the Highway Patrol may each have a report.
- Get several copies of the death certificate. Banks, insurers and courts often ask for one.
- Leave things untouched. A car, a bike, a helmet or a product tied to the death should be stored as is. Their phone may hold texts or photos, so leave it as it is.
- Make a list. Who saw what, the dates, and what the hospital, the police or an employer said.
- Collect the paperwork. Hospital and funeral bills, the last pay stubs and any insurer letters.
- Hold off on signing anything an insurer sends. Ask questions first.
The Deadline to File
A wrongful death suit in South Carolina generally must be filed within three years after the death. Some cases have different deadlines or extra requirements, especially those involving medical malpractice, a government agency or other special laws.13
A survival claim is separate from the wrongful death claim and may raise different timing questions. Opening an insurance claim, negotiating or handling probate generally doesn't stop the clock.24 Don't assume every claim has the same deadline; get advice soon.1
Who May Benefit
South Carolina law sets which family members can benefit from a wrongful death claim. First in line are generally a husband or wife and the children. If there are none, the parents may be beneficiaries, and other heirs may qualify if none of those relatives survive.5
The personal representative files the suit, but the recovery goes to the beneficiaries the law names, depending on the family's situation 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.
What a Claim May Include
A wrongful death claim may seek the family's losses, including lost financial support, loss of companionship, grief and other damages the law recognizes.7 Depending on the facts, funeral costs and some other money losses may also be recoverable, and punitive damages may be available in qualifying cases of serious misconduct.8 What's available depends on the evidence and the law.
The statewide page covers wrongful death claims. If your loved one died after medical care, see Mount Pleasant medical malpractice claims.
Talk With Us
Your family didn't choose this. These cases call for patience, and we treat them that way. We'd like to hear about their life, their work and the people who miss them. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
We'd like to hear about your loved one and how they died.
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 one of us just file the claim in our own name?
Usually not. In South Carolina, the personal representative of the estate, generally the executor or administrator, brings the wrongful death suit for the family members who qualify. Having a personal representative appointed may be one of the first steps.6 Relatives can start collecting paperwork and asking questions before that happens.
Does our family have a case?
That depends on how your loved one died and what the records show, and a web page can't answer it. A lawyer reviewing the reports and records with you can help sort it out.
Should we wait until probate is finished?
Can we recover the hospital bills from before he died?
Do we have to come to Charleston to talk about this?
No. The first conversation can happen by phone. Our office is on King Street in downtown Charleston if your family would rather meet.
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.
