What to Do After Losing a Loved One in South Carolina
There is no right order for any of this. Lean on others for the paperwork if you need to.
- Take care of yourselves first. Funeral plans, family and rest come before any claim. A friend or relative can help keep track of the rest.
- Ask for the reports. Find out which agency responded and ask how to get copies.
- Request a few copies of the death certificate. Banks, insurers and courts often ask for one.
- Keep belongings as they are. If a vehicle, a product, a helmet or clothing was involved, store it somewhere safe. Don't repair, sell or throw it away. Keep your loved one's phone, and don't reset it.
- Write down what you know. Note dates, names of witnesses, and anything doctors, officers or employers told you.
- Save every paper. Keep medical bills, funeral receipts, pay stubs and insurance letters in one folder.
- Take your time before you sign anything. It helps to get your questions answered first.
The Time Limit for Filing
South Carolina wrongful death lawsuits generally must be filed within three years after the death. However, some cases are subject to different deadlines or additional legal requirements, particularly those involving medical malpractice, government entities, or claims governed by other laws.13
A wrongful death lawsuit is separate from a survival claim, and the two may involve different timing questions.1 Opening an insurance claim, negotiating a settlement, or handling probate matters generally does not stop the filing deadline.24
Families should seek legal advice promptly rather than assume that all claims share the same deadline.1
Who May Receive Compensation in a South Carolina Wrongful Death Case?
South Carolina law identifies which surviving family members may benefit from a wrongful death claim. Generally, a surviving spouse and children are first in line. If there is no surviving spouse or child, the deceased person's parents may be beneficiaries. Other heirs may qualify when none of those relatives survive.5
Although the personal representative brings the lawsuit, the recovery is intended for the eligible beneficiaries under South Carolina law. The distribution depends on the family circumstances and applicable 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 Compensation May Be Available?
A South Carolina wrongful death claim may seek compensation for losses suffered by eligible surviving family members, including lost financial support, loss of companionship, emotional harm, and other legally recognized damages.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 The damages available depend on the evidence and applicable law.
Talk With Us
We know your family did not choose this. We treat these cases with care and patience, and with respect for the person you lost. We start by listening. 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. We talk with you.
We're based in Charleston, and we help families from across South Carolina. If your loved one died after medical care, see our page on medical malpractice claims. If you have concerns about how a loved one was treated in long-term care, see nursing home abuse and neglect.
Tell us about the person you lost and what 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
Who in the family can bring a wrongful death claim?
In South Carolina, a wrongful death lawsuit is brought by the deceased person's personal representative, generally the executor or administrator of the estate. The claim is brought for the benefit of eligible surviving family members. If no personal representative has been appointed, that may be one of the first steps to address.6 Family members can still help gather records and speak with a lawyer before the appointment is complete.
Does our family have a case?
That depends on how your loved one died and what the records show. It is not something a web page can answer. Sitting down with a lawyer to go over the facts is how you will know.
Do we need to wait until probate or other estate matters are done?
Don't wait to ask questions. The wrongful death claim has its own filing clock, which generally runs from the date of death, and probate matters generally do not stop it.14 Estate paperwork, insurance calls and grief can fill many months. Talking with a lawyer early helps your family understand what needs to happen and in what order.
Can our family recover medical bills and other losses 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 claims are legally distinct and may be pursued together when appropriate.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.
