Who Can Bring a Wrongful Death Claim in South Carolina?

If your loved one has been wrongfully killed due to someone's negligence in South Carolina, call Luke today at (843) 379-3285 for a free consultation. We will fight for your justice!

Who can file a wrongful death lawsuit? If you find yourself asking this question, we offer our sincere condolences. No one should have to experience what you are going through, and no one should have to endure the unbearable pain of losing a loved one too soon. 

Sadly, if you are in this situation, you are not alone. Fatal accidents are far more common than they should be, and we regularly hear from people who need to know who can file a wrongful death claim in South Carolina. Because of our experience, we know that grieving family members usually have lots of other questions as well—though they may not know exactly what they need to ask in order to collect the information they need.

Who Can File a Wrongful Death Lawsuit?

who can file for wrongful death

Under Section 15-51-20 of the South Carolina Code of Laws, the only person who is eligible to file a wrongful death lawsuit is the victim’s personal representative. A personal representative is the individual who is responsible for managing a deceased person’s final affairs—and will typically be identified either: 

  • In the deceased person’s estate plan (if he or she prepared an estate plan); or, 
  • Through the probate process in court. 

If your loved one left an estate plan, his or her will should designate a personal representative (and perhaps a backup personal representative should his or her first choice be unable or unwilling to serve in the role). If your loved one did not have time to prepare an estate plan, your attorney will be able to assist you with navigating the probate process and having a personal representative appointed through the courts. 

Has your loved one been wrongfully killed due to someone's negligence?

If you or a loved one has been wrongfully killed due to someone else's negligence, you may be entitled to compensation. Don’t face this challenge alone, get experienced and dedicated legal representation to fight for your rights.

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Legal Beneficiaries of a Wrongful Death Claim

But, while the victim’s personal representative is the only person who can file a wrongful death claim in South Carolina, this does not mean that the personal representative is the only person who can receive financial compensation if a wrongful death claim is successful. To the contrary, Section 15-51-20 of the South Carolina Code of Laws states: 

“Every [wrongful death] action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the [victim].”

Thus, the legal beneficiaries of a wrongful death claim depend on the victim’s family and marital status at the time of his or her death. The victim’s personal representative may or may not also be a beneficiary—and serving as a personal representative generally does not confer any additional rights above and beyond those afforded to any other family members who may be entitled to a portion of a settlement or verdict if the family’s wrongful death claim is successful.

Damages in South Carolina Wrongful Death Claims

In South Carolina wrongful death cases, the damages that are available also depend on the specific facts and circumstances involved. Generally speaking, however, most wrongful death cases will involve claims for the same broad categories of damages. These include: 

  • Medical expenses incurred for emergency care administered prior to the victim’s death 
  • Funeral, burial or cremation, and other out-of-pocket expenses incurred after the victim’s death 
  • Pain, suffering, and mental anguish resulting from the fatal accident 
  • Loss of companionship, consortium, services, society, and support 
  • Loss of the victim’s income and benefits through what would have been his or her age of retirement 

Punitive damages are also available in some cases—though seeking punitive damages requires evidence that the at fault party’s conduct was so egregious that additional liability is warranted to deter similar conduct in the future. When you hire an experienced wrongful death attorney, your attorney will be able to determine the types of damages that your family should seek based on the circumstances surrounding your loved one’s untimely death. 

The Statute of Limitations for a Wrongful Death Lawsuit in South Carolina

If you need to know more about filing a wrongful death lawsuit in South Carolina, we strongly encourage you to get in touch. To schedule a free, no-obligation consultation with attorney Luke Paulick, please call 843-379-3285 or get in touch online today.