South Carolina law recognizes two related but legally distinct types of claims after a death caused by another’s negligence or wrongdoing. A South Carolina Wrongful Death Lawsuit addresses the losses the family members named in the statute suffer because of the death. A separate survival action addresses losses your loved one experienced before death. The two are often pursued together.
If your family has lost a loved one, the Shelly Leeke Law Firm is here to help. Reach out to a dedicated Charleston wrongful death lawyer for a compassionate, free case evaluation.
If you are asking what damages are recoverable in a wrongful death lawsuit, the answer depends on the facts. Categories may include:
- The financial support and household help your loved one provided.
- The loss of their companionship, care, and guidance.
- The family’s grief and mental anguish.
- Through the wrongful death action, your loved one’s own medical expenses and conscious pain and suffering before death.
Punitive damages may be available in limited circumstances involving reckless, wilful, or malicious conduct.
No amount of money replaces a person. What the law can do is address some of the financial and personal harm a death causes. A South Carolina wrongful death lawyer can help your family understand which options may apply.
Wrongful Death Claims vs. Survival Actions: Understanding the Difference
A wrongful death claim is created by S.C. Code 15-51-10. It applies when a death is caused by a wrongful act, neglect, or default that would have allowed the injured person to sue had they lived. The claim looks at the harm the death causes the surviving family members named in the statute. It is not a measure of the value of the life itself.
A Mount Pleasant survival action attorney understands that a survival action is a separate claim for the losses your loved one personally suffered between the injury and death. It generally belongs to the estate. South Carolina’s wrongful death statutes expressly refer to both kinds of claims. For example, any settlement of a wrongful death or survival action must be approved by a court (15-51-41).
Both claims are generally brought by the estate personal representative, the executor or administrator.
Who Can Recover Damages in a South Carolina Wrongful Death Case?
Under S.C. Code 15-51-20, the wrongful death action is for the benefit of:
- First, the surviving spouse and children.
- If there is no spouse or child, the parents.
- If there is none of these, the heirs of the person who died.
Under 15-51-40, any recovery is divided among those family members in the same shares they would receive if your loved one had died without a will. Survival actions, by contrast, generally pass through the estate.
Damages Available in a Wrongful Death Claim
If your case goes to trial, Section 15-51-40 allows the jury to award damages it considers proportionate to the injury the death caused to the family members the claim is brought for. Depending on the evidence, that may include:
- Loss of financial support: the income and support your loved one would reasonably have provided the family.
- Loss of services: help your loved one provided at home, such as childcare, household work, and transportation.
- Loss of companionship and guidance: the loss of their society, care, advice, and guidance. For a spouse, this can include the loss of the marital relationship.
- Grief and mental anguish: the emotional suffering and sorrow the death caused surviving family members.
Under S.C. Code 15-51-40 wrongful death damages provisions, funeral and burial expenses may also be sought. Depending on who paid them, they are often handled as an estate expense. Not every category applies to every family, and each depends on evidence.
Damages Available in a Survival Action
If you need a North Charleston fatal accident attorney, understand that the survival action looks at what your loved one experienced before death. It may include:
- Medical expenses: the cost of emergency care, hospitalization, and treatment before death.
- Conscious pain and suffering: if the evidence shows your loved one was aware of their injuries before death, the pain and suffering they experienced may be considered. This is fact-specific, and it may not apply when death was immediate.
- Other losses before death: for example, wages lost between the injury and death, and property damage.
These damages generally belong to the estate and are distributed through it, rather than directly to individual family members.
Are Punitive Damages Available in a South Carolina Wrongful Death Case?
Sometimes. Section 15-51-40 expressly allows exemplary damages, another term for punitive damages, when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice. These damages are meant to punish serious misconduct, not to compensate the family.Â
They are not available in an ordinary negligence case; they require proof of that heightened level of conduct, and South Carolina has separate procedures that govern them. Whether they could be considered in a particular case depends entirely on the facts.
What Determines the Value of a Wrongful Death Claim?
There is no formula. The factors typically include:
- Your loved one’s age, health, and work history.
- The family members who survive them, and their relationship and needs.
- What your loved one experienced before death.
- The strength of the evidence on liability.
- The insurance or other resources available.
Insurance adjusters will often try to invoke the South Carolina comparative negligence 51 percent rule to blame the deceased for the accident to avoid paying. Furthermore, if the death was caused by a medical error within an emergency room, the South Carolina damages caps 2026 updates may cap non-economic medical malpractice recovery at 596,001 dollars per individual provider. Each family situation is different. These claims also require court approval of any settlement.
Is There a Deadline to File a Claim in South Carolina Wrongful Death Lawsuit?
Yes. Under S.C. Code 15-3-530 (6), a wrongful death action generally must be brought within three years, and the period runs from the date of death. Different rules can apply, for example, to claims against government entities under the South Carolina Tort Claims Act, or to cases involving medical care.
Do not allow an adjuster to trick you regarding the S.C. Code 15-3-530 statute of limitations. Specifically, South Carolina Tort Claims Act deadlines typically mandate action within a strict two-year window. A personal representative must also be appointed through the probate court before the claim can be brought, which takes time. Acting promptly helps protect your family’s options.
How Can a South Carolina Wrongful Death Lawyer Help?
A dedicated Summerville fatal collision lawyer ensures the insurance carrier treats your family with respect. A South Carolina wrongful death lawyer can help your family:
- Determine whether a wrongful death claim, a survival action, or both may apply.
- Confirm who the statutory beneficiaries are.
- Work with the probate process.
- Gather evidence of the losses.
- Evaluate whether the conduct could support punitive damages.
- Handle the court approval any settlement requires.
The goal is to take on the legal work so your family can focus on each other. No lawyer can guarantee an outcome. If the death involved a pedestrian crash, our FAQ on pedestrian accident damages may also help.
Talk to Shelly Leeke Law Firm About Your Wrongful Death Claim
We are sorry for your loss. When your family is ready, you can request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273. The legal team at Shelly Leeke Law Firm Charleston will evaluate your claim and officially file any necessary litigation at the Ninth Judicial Circuit Charleston County Court of Common Pleas.
