First Steps After Losing a Loved One in North Charleston
No right order exists. Let others carry some of this.
- Grieve first. Others can help.
- Ask which agency responded. In North Charleston, that could be city police, a county sheriff's office or the Highway Patrol.
- Order several death certificates.
- Store the vehicle, helmet or product untouched.
- Keep their phone. Don't reset it.
- Write down what officers and doctors said.
- One folder for bills and receipts.
- Hold off on signing.
South Carolina Law on Wrongful Death
Time to File
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.3 A related survival claim may also have a different filing deadline.1 Handling probate matters generally does not stop the filing deadline for a South Carolina wrongful death lawsuit.42
Who Benefits
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 The recovery is intended for the beneficiaries set by statute, not simply as the deceased person's will directs.6
What May Be Recovered
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. Punitive damages may be available in qualifying cases involving sufficiently serious misconduct.8
Our statewide page explains how wrongful death claims work.
Talk With Us
Nobody chooses this. Tell us about the person, not just the day. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including North Charleston. Our office is on King Street in downtown Charleston. If a death followed medical care, see our North Charleston medical malpractice page.
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 the family files?
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. If no personal representative has been appointed, that may be one of the first steps.6
Do we even have a case?
No webpage can say. The cause of death and the records decide it. Sit down with a lawyer and go through it.
Should we finish probate first?
What about hospital bills from before the death?
Do we have to come downtown to talk?
The first conversation can happen by phone. Our office is on King Street in downtown Charleston, south of North Charleston by way of I-26 or Rivers Avenue. Can't make the trip? We can meet you at the hospital, at your home or another place that works.
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.
