What to Do After Losing Someone in Summerville
There is no right order. Let friends, church members and relatives carry some of this.
- Take care of your family first. Funeral plans, each other and rest come before any claim.
- Ask for the reports. Find out which agency responded, whether Summerville police, a sheriff's office or the Highway Patrol, and how to get copies. The county coroner's office may also have records.
- Get extra certified death certificates; you will need more than you expect.
- 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 stays charged and untouched.
- Start a notebook with every name, date and thing a nurse, deputy or supervisor said.
- Save every paper: medical bills, funeral receipts, pay stubs and insurance letters.
- Wait before signing anything. Get your questions answered first.
Summerville spans Dorchester, Berkeley and Charleston counties, so which coroner and which agency are involved depends on where it happened.
The Time Limit
Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the death. Some cases face different deadlines or added requirements, especially those involving medical malpractice, government entities or claims under other special laws.13
A related survival claim may also have a different filing deadline. Opening an insurance claim, negotiating or handling probate generally does not stop the filing deadline.24 Get advice early instead of assuming every claim shares one deadline.1
Who May Benefit
South Carolina law names the family members who may benefit from a wrongful death claim. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents; if none of those survive, other legal heirs may benefit.5
The personal representative files the lawsuit, but any recovery is for the eligible beneficiaries, and how it is 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
A South Carolina wrongful death claim may seek damages for the family's losses, including lost financial 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 sufficiently serious misconduct.8 Every family's situation is different.
The statewide page has more on South Carolina wrongful death claims.
Talk With Us
Nobody plans for a phone call like the one your family got. We approach these cases with patience and respect for the person you lost, and we want to know who they were, 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 Summerville. If your loved one died after medical care, see medical malpractice around Summerville.
We would be honored to hear about your loved one.
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 our family talk with you by phone?
Yes. The first conversation can happen by phone, and several relatives can be on the call. Our office is on King Street in downtown Charleston.
Who in the 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 surviving family members. If no personal representative has been appointed yet, that may be one of the first steps.6 Siblings and children can start collecting papers while that is sorted out.
How do we know if we have a case?
The circumstances of the death and the paper trail decide it, and a website can't. Going over the facts with a lawyer is how you will know.
Should we wait until probate is finished?
Can we recover the hospital bills from before the death?
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 are legally distinct and may be pursued together.910
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.
