After Losing Someone in Spartanburg County
There's no correct order for any of this. Let others carry the paperwork if you need them to.
- Look after your family first. Services, relatives and rest come before any claim. Ask a cousin or close friend to field the calls.
- Request the reports. Whether it was the Highway Patrol, Spartanburg Police, the Sheriff's Office or an employer, ask how to get copies.
- Get extra certified copies of the death certificate. You'll be surprised how many offices ask for an original.
- Keep belongings untouched. A vehicle, a product, a helmet or clothing involved should be stored safely, not repaired, sold or tossed. Leave their cell phone as is; photos, texts and location history on it can matter.
- Write down what you've been told. Dates, witnesses and anything doctors, officers or employers said.
- One folder for paper. Medical bills, funeral receipts, pay stubs and insurance letters.
- Don't sign anything quickly. Get your questions answered first.
The Filing Deadline
Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the person's death. Different rules may apply when a death involves medical malpractice, a government agency or other circumstances governed by special laws.13
A related survival claim may have different timing.1 Opening an insurance claim, negotiating or handling probate generally doesn't stop the deadline.24
Separate claims may run on separate clocks, which is why early advice matters.1
Who May Benefit
South Carolina law designates which family members benefit from a wrongful death claim. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents, and other heirs if none of those relatives survive.5
The personal representative files the suit, but the recovery is for the eligible beneficiaries. How it's divided depends on the family and the statutory rules.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
In a South Carolina wrongful death claim, 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. Punitive damages may be available in qualifying cases involving sufficiently serious misconduct.8 What's available depends on the evidence and the law.
Talk With Us
Your family didn't choose this. Grief doesn't keep a schedule, and we won't rush you. We want to know who they were, not only how they died. If you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Spartanburg County. A death after surgery or a hospital stay is covered under medical malpractice in Spartanburg. For concerns about long-term care, see nursing home abuse in Spartanburg, or read the statewide page on wrongful death claims.
Tell us about your mother, father, child or spouse, and how it happened.
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
Which family member brings the claim?
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.6 A probate court may need to appoint someone first. Until then, anyone in the family can pull records and call us.
How do we know if we have a case?
It turns on how your loved one died and what the records show, and no website can answer that. A conversation about the records and the circumstances is the honest way to find out.
Shouldn't probate be wrapped up first?
Ask questions now. Wrongful death lawsuits generally must be filed within three years of the person's death, and handling probate matters generally does not stop the filing deadline.14 Estate paperwork, insurers and grief can eat up months, and an early conversation helps your family see what needs doing and in what order.
Can the family recover the hospital bills from before he died?
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.9 When an injured person dies, the estate's personal representative can pursue that survival claim separately from the wrongful death claim, which covers the family's own losses.10
Can we talk by phone instead of coming to Charleston?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
