Losing a loved one is devastating, especially when it’s caused by someone else’s actions. In Charleston, South Carolina, grieving families often wonder: Is a wrongful death the same as manslaughter?
While they may arise from the same fatal accident, wrongful death and manslaughter are legally distinct. One is a civil lawsuit, the other a criminal charge. This guide explains the key differences, relevant South Carolina laws, and what you need to know if you’re considering legal action.
What Is a Wrongful Death?
A wrongful death occurs when a person dies due to someone else’s negligence, recklessness, or intentional harm. It can stem from car accidents, medical malpractice, defective products, or other harmful acts.
South Carolina’s Wrongful Death Statute (S.C. Code Ann. § 15-51-10) allows the personal representative of the deceased person’s estate to file a civil claim seeking monetary damages on behalf of surviving family members.
What Is Manslaughter?
Manslaughter is a criminal offense. In South Carolina, there are two types:
- Voluntary manslaughter: Killing someone in the heat of passion.
- Involuntary manslaughter: Causing death through criminal negligence, but without intent.
A criminal trial for manslaughter charges is initiated by the state and may result in prison time, fines, or probation.
Wrongful Death vs. Manslaughter: Key Differences
| Legal Aspect | Wrongful Death | Manslaughter |
| Type of Case | Civil lawsuit | Criminal prosecution |
| Purpose | Compensation for family | Punishment for offender |
| Who Files | Personal representative | Prosecutor or DA |
| Standard of Proof | Preponderance of the evidence | Beyond a reasonable doubt |
| Result | Money damages, compensation | Prison time, fines |
So, is wrongful death the same as manslaughter? No, but the same incident can lead to both a civil trial and a criminal trial.
When Do Both Apply? Real-Life Examples
Drunk Driving Fatalities
A drunk driver in a fatal crash may face:
- Manslaughter charges for DUI-related death.
- A wrongful death lawsuit from the victim’s family.
Medical Malpractice
A fatal error by a doctor may lead to:
- A wrongful death claim based on medical negligence.
- In rare cases, criminal homicide or reckless homicide charges.
Violent Assaults
In cases of fatal violence:
- Prosecutors may pursue voluntary manslaughter.
- Families can sue through a personal injury lawsuit or wrongful death action.
Who Can File a Wrongful Death Claim in South Carolina?
Only the executor or personal representative of the deceased person’s estate can file the lawsuit. However, compensation may go to:
- Surviving spouse and children
- Parents (if no spouse or kids)
- Legal heirs at law
Damages in a Charleston Wrongful Death Case
Families can pursue compensation for:
- Medical expenses before death
- Funeral expenses and burial expenses
- Lost income and future earnings
- Loss of companionship
- Emotional distress
- Punitive damages in cases of gross negligence
These types of damages are not available in manslaughter cases.
What If Criminal Charges Are Pending?
You can sue even if a criminal trial is ongoing, or even if the accused is acquitted. The burden of proof in civil lawsuits is lower: you only need to show it’s more likely than not that the defendant caused the death.
How Long Do You Have to File?
Under South Carolina law, you generally have three years from the date of death to file a wrongful death lawsuit. Delaying could forfeit your right to seek compensation for damages.
What to Do After a Wrongful Death
- Preserve evidence (photos, records, etc.)
- Document medical bills and other losses
- Contact a wrongful death attorney immediately
An experienced personal injury lawyer can protect your rights and build a strong case.
Why Legal Representation Matters
A skilled wrongful death lawyer can:
- Help prove duty of care was breached
- Navigate complex insurance negotiations
- Assess whether to seek exemplary damages
- Coordinate with criminal prosecutors
- Prevent dismissal due to technicalities
Justice on Two Fronts
Wrongful death and manslaughter are two legal paths to accountability. One provides justice for the family, the other for society. In many Charleston County cases, both civil and criminal actions are warranted. 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. In your toughest moments, you can count on Ted Law Firm to stand with you.
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.
