Difference Between Wrongful Death and Survival Action in South Carolina

Losing someone you love due to another person’s negligence is devastating. On top of the grief, you’re suddenly facing questions about medical bills, funeral costs, and your family’s financial future. Understanding your legal options shouldn’t add to that burden.

If you’ve lost a family member in Summerville or anywhere in the Lowcountry, you may have heard the terms “wrongful death” and “survival action.” They sound similar, but they’re two distinct legal claims with different purposes, rules, and types of compensation. Knowing the difference between wrongful death vs survival action matters because your family may be entitled to file both.

At West Law Firm Personal Injury Lawyers, our Summerville wrongful death lawyers have been serving the Lowcountry since 1945. Call our Summerville office at 843-483-8630 for a free consultation. You don’t pay us unless we recover compensation for your family.

What is a Wrongful Death Claim in South Carolina?

A wrongful death claim is filed by surviving family members for the losses they suffered because of their loved one’s death. It’s about the impact on the living, not the deceased.

Under South Carolina law, a wrongful death action is brought by the personal representative of the deceased person’s estate on behalf of the surviving family. The compensation recovered is distributed to the beneficiaries, which typically include the surviving spouse, children, and parents.

Damages available in a wrongful death claim

Wrongful death damages in South Carolina focus on what the surviving family members lost. These can include:

– Loss of financial support the deceased would have provided.

– Loss of companionship, guidance, and comfort.

– Mental anguish and emotional suffering experienced by surviving family members.

– Funeral and burial expenses.

– Loss of benefits, such as health insurance or retirement contributions.

The goal is to compensate the family for the void left behind, both financially and emotionally. Every wrongful death case is different, and the value depends on the specific circumstances your family is facing.

What is a Survival Action in South Carolina?

A survival action is a completely different type of claim. While a wrongful death claim focuses on the family’s losses, a survival action focuses on what the deceased person endured before passing away.

This claim is filed on behalf of the deceased’s estate. It seeks compensation for the injuries, pain, and losses the person experienced between the time of injury and the time of death. Think of it this way: if the injured person had survived, they would have had their own personal injury claim. A survival action preserves that claim even though they didn’t survive.

Damages available in a survival action

A survival action in South Carolina can recover damages, such as:

– Pain and suffering the deceased experienced before death.

– Medical bills incurred between the injury and death.

– Lost wages from the time of injury until death.

– Any other losses the deceased personally suffered.

These damages belong to the estate and are distributed according to the deceased’s will or South Carolina’s intestacy laws if there’s no will.

Key Differences Between Wrongful Death and Survival Action

Understanding wrongful death vs survival action comes down to one core distinction: who suffered the losses being claimed.

Wrongful death compensates the surviving family for their losses. It answers the question: “What did the family lose because this person died?”

Survival action compensates the deceased’s estate for losses the person suffered while still alive. It answers the question: “What did the deceased go through before they passed?”

Here are the main differences:

– Who benefits: Wrongful death benefits the surviving family members. A survival action benefits the deceased’s estate.

– What’s compensated: Wrongful death covers the family’s grief, lost financial support, and funeral costs. A survival action covers the deceased’s medical bills, pain and suffering, and lost wages before death.

– Who files: Both are technically filed by the personal representative of the estate, but a wrongful death claim is brought on behalf of beneficiaries while a survival action is brought on behalf of the estate itself.

These differences matter because the compensation in each claim covers entirely separate losses.

Can Both Claims be Filed at the Same Time?

Yes. In South Carolina, wrongful death and survival action claims can be filed simultaneously. In fact, many families pursue both because each claim addresses different damages.

For example, if a loved one were injured in a car accident in Summerville and survived for several weeks before passing away, your family could potentially file a survival action for the pain, medical expenses, and lost income they endured during those weeks. At the same time, you could file a wrongful death claim for the family’s loss of companionship, financial support, and funeral costs.

Filing both claims helps ensure your family receives full and fair compensation for every loss connected to your loved one’s death. An experienced attorney can evaluate your situation and determine which claims apply.

If you’re unsure whether your family has grounds for one or both claims, call West Law Firm Personal Injury Lawyers at 843-483-8630. We’ll review your case for free and explain your options.

South Carolina’s Statute of Limitations

South Carolina typically gives you three years from the date of death to file a wrongful death claim. The survival action also has a three-year statute of limitations.

Three years might seem like a long time, but it goes quickly. Gathering evidence, obtaining medical records, identifying all responsible parties, and building a strong case takes time. The sooner you talk to an attorney, the better positioned your family will be.

Waiting too long can mean losing critical evidence or missing your deadline entirely. If the statute of limitations passes, you lose your right to file entirely.

How West Law Firm Personal Injury Lawyers Can Help Your Family

Dealing with wrongful death and survival action claims while grieving is incredibly difficult. You shouldn’t have to navigate the legal process alone during the hardest time of your life.

West Law Firm Personal Injury Lawyers is a family-owned firm that has been serving the Lowcountry since 1945. For nearly 80 years, we’ve helped families in Summerville, Moncks Corner, Berkeley County, Beaufort, and throughout the Lowcountry during their most challenging moments. Our attorneys understand both the legal complexity and the emotional weight of these cases.

We handle the investigation, the paperwork, and the negotiations so you can focus on your family. Your consultation is completely free, and we work on a contingency fee basis. That means you don’t pay us anything unless we recover compensation for you.

If you’ve lost a loved one because of someone else’s negligence, contact our Summerville office at 207 W Richardson Ave, Summerville, SC 29483. Contact us at 843-483-8630 today for a free consultation. We’re here to help your family through this.