Losing someone you love because of another person’s negligence is devastating.
Along with the emotional toll, families are often left facing unexpected medical bills, funeral expenses, and the loss of financial support.
South Carolina law provides a way for surviving family members to seek justice through a wrongful death claim.
If you’re wondering who can file a wrongful death claim in South Carolina, here’s what you need to know—and how the personal injury attorneys at Seaton & Duncan, LLC can help guide you through this difficult time.
What Is a Wrongful Death Claim in South Carolina?
Under South Carolina Code § 15-51-10, a wrongful death claim arises when a person’s death is caused by the “wrongful act, neglect, or default” of another party.
In other words, if the deceased person would have had a valid personal injury claim had they survived, their family may pursue a wrongful death action instead.
You can review the statute directly on the South Carolina Legislature’s website here: South Carolina Code § 15-51-10
Common causes of wrongful death include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home neglect
If the death resulted from someone else’s negligence or misconduct, South Carolina law may allow certain surviving family members to recover damages.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, only the personal representative (executor or administrator) of the deceased person’s estate can formally file the wrongful death lawsuit.
This requirement is set forth in S.C. Code § 15-51-20, which you can review here: South Carolina Code § 15-51-20
If the deceased had a will, the personal representative is typically named in that document. If there is no will, the probate court will appoint someone—often a close family member—to serve in that role.
However, the personal representative files the claim on behalf of certain surviving family members.
Who Receives Compensation in a South Carolina Wrongful Death Case?
Although the personal representative files the claim, any compensation recovered is distributed to the deceased’s heirs according to South Carolina law.
Under S.C. Code § 15-51-40, beneficiaries may include:
- The surviving spouse and children
- If there is no spouse or children, the parents
- If there are no spouse, children, or parents, other heirs according to intestacy laws
How Damages Are Divided
If there is:
- A surviving spouse and children: the spouse typically receives one-half, and the children share the remaining half.
- No spouse but surviving children: the children divide the recovery equally.
- No spouse or children: the parents may recover.
Every case is unique, and probate issues can complicate the process.
Working with an experienced personal injury law firm like Seaton & Duncan, LLC can help ensure the claim is filed properly and that eligible beneficiaries are protected.
What Damages Are Available in a Wrongful Death Claim?
A South Carolina wrongful death claim may allow recovery for:
- Funeral and burial expenses
- Medical expenses related to the final injury
- Loss of financial support
- Loss of companionship and guidance
- Mental anguish and emotional suffering
- Punitive damages (in certain cases involving recklessness or willful conduct)
The South Carolina Supreme Court has addressed wrongful death damages in various decisions, which can be found on the South Carolina Judicial Branch website.
In addition to a wrongful death claim, the estate may also bring a survival action under S.C. Code § 15-5-90, which compensates for damages the deceased suffered between the time of injury and death. These two claims are often pursued together.
What Is the Statute of Limitations for Wrongful Death in South Carolina?
In most cases, the statute of limitations for a wrongful death claim in South Carolina is three years from the date of death, pursuant to S.C. Code § 15-3-530.
There are exceptions that may apply in certain circumstances, such as cases involving government entities or medical malpractice. Missing the deadline can permanently bar your claim, so it’s important to act promptly.
How Seaton & Duncan, LLC Can Help
At Seaton & Duncan, LLC, our practice is focused on personal injury law, including wrongful death cases. We understand that no legal action can undo the loss of a loved one—but pursuing a wrongful death claim in South Carolina can provide financial stability and a sense of accountability.
Our team can help:
- Determine who should serve as personal representative
- Investigate the cause of death
- Identify all responsible parties
- Calculate the full value of your damages
- Handle negotiations with insurance companies
- Litigate the case in court if necessary
If your loved one’s death was caused by negligence in a car accident, you may also want to review our Car Accident and other personal injury resources on our site.
We approach every case with compassion, attention to detail, and a commitment to protecting our clients’ rights.
Frequently Asked Questions (FAQ)
Who files a wrongful death claim in South Carolina?
The personal representative of the deceased’s estate must file the lawsuit, but it is done for the benefit of eligible family members.
Can a sibling file a wrongful death claim?
A sibling generally cannot file unless they are appointed as the personal representative and there are no closer heirs (such as a spouse, children, or parents).
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates family members for their losses. A survival action compensates the estate for damages the deceased experienced before death.
How long do I have to file a wrongful death lawsuit in South Carolina?
In most cases, you have three years from the date of death. However, exceptions may apply.
Speak With a South Carolina Wrongful Death Attorney Today
If you’ve lost a loved one due to someone else’s negligence, you don’t have to navigate the legal system alone.
The attorneys at Seaton & Duncan, LLC are ready to help you understand your rights and determine whether you can file a wrongful death claim in South Carolina.
Contact us today through our website to schedule a consultation.
Let us help you take the next step toward accountability and financial security for your family.
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