Losing a loved one is one of life’s most painful experiences. When that loss is the result of another party’s negligent actions, it often leaves families struggling with both emotional distress and financial instability. In South Carolina, surviving family members have the right to pursue a wrongful death action to recover financial compensation for their losses.
If you’ve recently lost a loved one in Charleston due to a fatal accident, it’s important to understand the types of damages that may be available under South Carolina’s wrongful death laws, and how an experienced wrongful death lawyer can help you hold the responsible party accountable.
Understanding Wrongful Death Under South Carolina Law
Under South Carolina Code § 15-51-10, wrongful death occurs when a deceased person dies due to the wrongful action, neglect, or fault of another. This law treats the situation as though the deceased had lived and filed a personal injury claim themselves. Instead, a personal representative or executor brings the lawsuit on behalf of the statutory beneficiaries, typically the spouse, children, or heirs at law.
Who Can File a Wrongful Death Lawsuit in Charleston?
A legal claim must be filed by the personal representative of the deceased’s estate. The monetary damages recovered benefit:
- The spouse and children
- If none, then the parents
- If none, the legal heirs based on intestacy laws
Consulting an experienced attorney ensures your case is handled correctly and your family’s rights are protected throughout the legal process.
Types of Damages Recoverable in Charleston Wrongful Death Claims
South Carolina law allows for both economic and non-economic damages, as well as punitive damages in certain situations. Here’s a breakdown:
1. Economic Damages
These are the tangible financial losses resulting from the wrongful death.
- Medical Expenses: Includes medical bills for treatment the deceased person received before passing, ER visits, surgeries, medications, and other medical facilities costs.
- Funeral and Burial Expenses: Families can recover burial expenses, including funeral services, caskets, burial plots, and transportation.
- Lost Income and Benefits: Compensation for the deceased person’s expected earnings, including retirement or pension plans.
- Loss of Services and Support: If the victim provided childcare, home maintenance, or caregiving, those contributions may be compensated.
- Property Damages: If a wrongful death resulted from an event like an auto accident or defective product, related property damages (e.g., vehicle repair or loss) may also be recovered.
2. Non-Economic Damages
These damages account for emotional and relational losses and are often harder to quantify:
- Mental Anguish: South Carolina allows families to claim emotional distress, including grief and sorrow.
- Loss of Companionship and Consortium: Spouses and children may recover damages for the loss of companionship, love, intimacy, and guidance.
- Loss of Parental Guidance: Children may seek compensation for the nurturing and life guidance the parent would have provided.
- Non-Economic Damages are vital because they reflect the profound personal impact of losing a loved one due to negligent parties.
3. Punitive Damages
If the wrongful action was willful, wanton, or reckless, as in drunk driving, medical negligence, or criminal conduct, punitive damages may be awarded. These are meant to punish the fault party and deter future misconduct.
Wrongful Death vs. Survival Actions
South Carolina recognizes both a wrongful death claim and a survival action:
- Wrongful death compensates the family.
- Survival actions compensate the estate for damages suffered by the deceased person before death (e.g., conscious pain and suffering, medical expenses, and lost wages).
Both types of civil lawsuits may be filed simultaneously but have distinct legal paths.
How Are Wrongful Death Damages Calculated in Charleston?
Calculating wrongful death compensation involves:
- The deceased’s income and life expectancy
- Future loss of benefits
- Value of non-economic damages like mental anguish
- Expert testimony from financial analysts and actuaries
Juries also weigh emotional losses based on personal relationships and the life of the deceased.
Statute of Limitations for Wrongful Death in South Carolina
Under South Carolina Code § 15-3-530, the family has three years from the date of death to file a claim. Delays can result in loss of your right to recover money damages, though exceptions may apply (e.g., cases involving medical malpractice or government entities).
How an Attorney Helps with the Legal Process
A skilled wrongful death attorney can help you:
- Investigate the wrongful action
- Prove duty of care, breach, causation, and damages
- Handle the burden of proof
- Maximize your fair settlement with insurers
At Ted Law Firm, we focus on legal counsel and representation that is both compassionate and aggressive. We guide you through the legal process and stand ready to go to trial if a wrongful death settlement isn’t fair.
Common Causes of Wrongful Death in Charleston
Our law firm handles cases arising from:
- Car accidents and auto accidents
- Truck accidents and bicycle accidents
- Workplace accidents and pedestrian accidents
- Medical malpractice
- Defective products
- Criminal acts such as assault or homicide
Why Choose Ted Law Firm for Your Wrongful Death Claim
Ted Law Firm offers:
- Deep knowledge of Charleston wrongful death laws
- Experience in both negotiations and litigation
- Personalized attention and maximum compensation strategies
- No fees unless we win your case
We understand this is more than a case, it’s your life. Let us carry the legal burden while you focus on healing.
Contact a Charleston Wrongful Death Lawyer Today
If you’re considering filing a legal claim after a tragedy, don’t wait. At Ted Law Firm, our experienced wrongful death attorneys are ready to provide you with the legal advice and representation you need to pursue justice.
Ted Law Firm proudly serves clients throughout Aiken, Greenville, Columbia, Myrtle Beach, and Atlanta,supporting individuals and families across South Carolina and Georgia. We are committed to providing trustworthy legal advice when it matters most.
Schedule your free consultation today.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
