Wrongful Death Attorneys in South Carolina

Someone you love is gone. It happened because of somebody else’s mistake. Maybe it was a wreck on a two-lane road, or a surgery that should have been stopped. Now the funeral home wants a decision, and the insurance company wants a statement. You don’t have to carry this by yourself. Wilson Law Group, LLC helps South Carolina families bring wrongful death claims, and we handle the probate side too. The first conversation with us is free.

What is a wrongful death claim in South Carolina?

It’s a lawsuit a family brings when a death was caused by someone’s carelessness or wrongdoing. South Carolina’s rule is simple to state. If your loved one could have sued had they lived, the person at fault can still be sued now (S.C. Code 15-51-10). That covers a lot of ground. It can be a car or truck crash, a medical mistake, or a store that ignored its own security. A fatal truck accident follows the same law, with extra evidence to chase.

Who can file a wrongful death lawsuit?

South Carolina is strict about this. The case has to be brought by the executor or administrator of the estate (S.C. Code 15-51-20). That person is called the personal representative. If there was no will, and even in cases where there was a will, someone has to be appointed in probate court. We open the estate and get the personal representative appointed to help families all the time. Most families have never seen that paperwork or know how to deal with it without a lawyer.

The money isn’t for the estate, though. It goes to the spouse and/or children first. If there are none, it goes to the parents. If there are no parents, it goes to the other heirs.

What can a family recover?

South Carolina actually allows two claims. The wrongful death claim covers what the family lost: support, companionship, and the grief itself. A second claim, called a survival action, covers what your loved one went through before they died, like medical bills and pain (S.C. Code 15-5-90). Funeral costs can be claimed in one of the two, not both (S.C. Code 15-5-100).

When the conduct was reckless or malicious, a jury can also award punitive damages, which are meant to punish (S.C. Code 15-51-40). We won’t guess what any case is worth. Nobody honest can do that on day one.

Does a judge have to approve a settlement?

Yes, every wrongful death or survival settlement in South Carolina needs approval from a probate court, a circuit court, or a federal court (S.C. Code 15-51-41). Only the personal representative can sign it (S.C. Code 15-51-42). The judge looks at the facts, the insurance available, and who gets what. So when an adjuster offers a quick check and a release, don’t sign it yet. That check can’t settle the claim properly anyway.

How is the money divided?

The law splits it as if your loved one died without a will (S.C. Code 15-51-40). There’s one exception families should know. A probate court can cut or deny a parent’s share if that parent didn’t support the child growing up. That question is better asked early, with a lawyer in the room.

Why talk to Wilson Law Group?

Our two attorneys have more than three decades of combined experience. We’ve tried wrongful death cases to verdict. One jury held a law enforcement agency responsible after it failed to arrest a man who later killed the woman he’d abused. Another jury ruled for the family of a bicyclist. You can read about them on our case results page. Past results don’t promise a result in any other case.

FAQ

Is there a deadline to file a wrongful death claim in South Carolina?
Yes, South Carolina sets a time limit, and claims against a government agency can follow different rules. Talk to a lawyer about your specific dates.

Do we need a will to bring a case?
No, you don’t. In cases with or without a will, the probate court appoints a personal representative, and that person files any lawsuit; however, the will may direct who the deceased person wished the court to appoint.

Does a criminal case have to finish first?
No, it doesn’t. The civil case is separate, and it can move forward even if the driver was charged with a crime.

What if the death happened in a truck crash?
The same statute applies. Our post on filing a wrongful death truck accident claim explains the trucking side.

Talk to us when you’re ready… but sooner is almost always better

When you’re ready, call Wilson Law Group, LLC at 803-245-7799 or reach us through our contact page. The consultation is free, with no obligation, and we serve families from Bamberg and Orangeburg to every corner of the state. And even though the time limits to file a suit seem like a long time and immediate action does not seem necessary, and maybe you are dealing with things like funeral arrangements, it is best to contact an attorney immediately after an incident because there is evidence that needs to be preserved and actions that need to be taken quickly to best protect and pursue any claims.

This page is general information about South Carolina law. It isn’t legal advice, and reading it doesn’t create an attorney-client relationship.