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Losing someone you love is devastating. When that loss is a result of someone else’s negligence, the grief is often accompanied by financial uncertainty that can feel overwhelming. Funeral costs, medical bills incurred before your loved one passed, and lost income your family depended on can quickly add up.
You shouldn’t have to worry about money while you’re grieving. West Law Firm Personal Injury Lawyers has been serving the Lowcountry since 1945, and our attorneys offer free consultations with no obligation. We work on a contingency fee basis, which means you don’t pay us unless we recover compensation for your family. If you are curious about the potential value of your wrongful death claim, here’s what families in Berkeley County need to know.
In this article, we’ll cover:
- The damages you can recover in a South Carolina wrongful death claim
- The difference between wrongful death claims and survival actions
- Factors that affect your claim’s value
- Who can file a wrongful death lawsuit
- Whether there are caps on damages
- How long you have to file
- Common questions about wrongful death claims
What damages can you recover in a South Carolina wrongful death claim?
South Carolina’s wrongful death statute (South Carolina Code § 15-51-10) allows families to seek compensation for several types of losses when a loved one dies due to another party’s wrongful actions. These fall into three categories, with each addressing a different loss.
Economic damages
Economic damages cover the financial losses you can calculate. These may include medical expenses incurred before your loved one’s death, funeral and burial costs, lost income and benefits, lost future earning capacity, and property damage related to the incident. Your attorney will calculate these based on documentation, such as medical bills, pay stubs, and projections of future earnings.
Non-economic damages
Non-economic damages are more difficult to quantify, but they are just as substantive. Your loss of companionship and emotional support. The mental anguish you and your family are living with every day. The guidance and care your loved one provided that cannot be replaced. There are no receipts for these losses, but they represent some of the most profound ways a wrongful death changes a family’s life.
What about your loved one’s pain and suffering? Understanding survival actions.
Here’s something most people don’t realize: the pain and suffering your loved one endured before they passed isn’t actually part of the wrongful death claim itself. It falls under a separate legal action called a survival action (South Carolina Code § 15-5-90). This distinction matters.
A wrongful death claim compensates your family for what you’ve lost, such as companionship, income, and emotional support. A survival action compensates the deceased’s estate for what your loved one personally suffered between the time of injury and death, including their conscious pain, suffering, and medical expenses during that time.
In practice, these two claims are almost always filed together in the same lawsuit by the same executor or administrator. You won’t need to hire different attorneys or go through two separate processes. But an experienced wrongful death attorney will make sure both claims are pursued so your family doesn’t leave any compensation on the table.
Punitive damages
In some cases, punitive damages come into play when the defendant’s behavior was particularly reckless, willful, or malicious. Think drunk driving accidents, intentional harm, or gross negligence. Unlike other damages, punitive damages aren’t intended to compensate your family. They’re designed to punish the wrongdoer and send a message that this kind of conduct won’t be tolerated.
An experienced wrongful death attorney can help ensure you pursue every category of damages applicable in your situation under South Carolina law.
Wondering what your family’s claim might be worth? Contact West Law Firm Personal Injury Lawyers for a free consultation. You will not pay us a dime unless we recover compensation for you. Call our Moncks Corner office at (843) 920-5647, our Beaufort office at (843) 547-3801, or our Summerville office at (843) 790-0184.
Factors that affect the value of a wrongful death claim
No two wrongful death cases look the same. The settlement or verdict amount depends on the specific circumstances surrounding your loved one’s death, your family’s losses, and the strength of the evidence. Here’s what matters.
Age and earning capacity of the deceased. A 35-year-old with a growing career and decades of income ahead will generally result in a larger economic damage calculation than someone who is retired. Courts look at education level, work history, and projected income growth over the person’s expected working years.
Dependents. When the deceased supported a spouse, minor children, or other dependents, the claim’s value increases. Courts weigh both the financial and emotional impact on each family member who relied on your loved one.
How clear the defendant’s fault is. Overwhelming evidence of negligence strengthens your case. If the defendant’s actions were especially egregious, such as driving drunk or acting with intentional disregard for safety, that can support a higher level of damages and open the door to punitive awards.
Insurance coverage. The defendant’s available insurance creates practical limits on recovery. That said, cases involving multiple defendants or parties with substantial personal assets can expand what may be available.
Evidence. Thorough documentation of your losses, including medical records, financial statements, and witness accounts, gives your attorney the tools to build the strongest possible case.
One more factor worth knowing: South Carolina follows a modified comparative negligence rule (the 50% bar rule). If the deceased was partially at fault, your family’s recovery is reduced by that percentage. And if the deceased was 51% or more at fault, the claim may be barred entirely. This is why having an experienced attorney matters. Insurance companies will often attempt to shift blame, and your attorney needs to be ready to push back.
Who can file a wrongful death claim in South Carolina?
You might assume you can file a wrongful death claim yourself, but South Carolina law doesn’t work that way. The claim must be filed by the executor or administrator of the deceased person’s estate (the person legally responsible for managing your loved one’s affairs), and not by individual family members directly.
If your loved one had a will, the executor named in that will typically files the lawsuit. If there is no will, the court appoints an administrator. Probate courts generally prioritize a surviving spouse first, followed by adult children, and then parents.
Here’s what catches many families off guard: even though the executor or administrator files the claim, they don’t keep the compensation personally. Any recovery is distributed to beneficiaries under South Carolina’s intestate succession laws. A surviving spouse with no children receives all damages. If the deceased had both a spouse and children, the spouse receives half, while the children split the other half equally. When there is no surviving spouse or children, the compensation goes to the parents.
This process has many moving parts, and getting it wrong can delay your case or reduce your recovery. That’s why it helps to have an attorney involved from the start.
Do you have questions about who should file a wrongful death claim for your family? West Law Firm Personal Injury Lawyers has been serving the Lowcountry since 1945. Call us for a free consultation.
Are there caps on wrongful death damages in South Carolina?
For most wrongful death claims, South Carolina doesn’t limit economic damages. You can recover the full amount of medical expenses, funeral costs, lost income, and future earning capacity regardless of how high those dollars may be.
Medical malpractice cases are the exception. Under South Carolina Code § 15-32-220, non-economic damages are capped at $350,000 per healthcare provider, with a combined maximum of $1.05 million when multiple providers are at fault. These are the base statutory figures, and they’re adjusted each year upward based on the Consumer Price Index, so the current caps are likely somewhat higher. Worth noting: these caps don’t apply when the defendant was grossly negligent, engaged in fraud, or destroyed medical records.
Punitive damages have their own limits under South Carolina Code § 15-32-530. The general cap is the greater of $500,000 or three times the total compensatory damages awarded. These figures also receive annual CPI adjustments. Courts can increase the cap (to four times compensatory damages or $2M) or remove it entirely in certain situations, such as cases involving felony-level conduct or intent to harm.
Claims against government entities are a different ballpark. Under the South Carolina Tort Claims Act (South Carolina Code § 15-78-120), no individual can recover more than $300,000 from a single occurrence, and the total across all claims from that occurrence cannot exceed $600,000. Punitive damages aren’t available against government entities.
How long do you have to file a wrongful death claim in South Carolina?
Under South Carolina Code § 15-3-530, you have three years from the date of your loved one’s death to file a lawsuit. If you miss that deadline, the courts will almost certainly refuse to hear your case. Your right to seek compensation disappears.
Some situations have even shorter windows. Claims against government entities under the Tort Claims Act must generally be started within two years from when the loss was or should have been discovered, though filing an initial claim can extend that period to three years. Medical malpractice cases can have different discovery rules that shift the timeline.
A wrongful death case takes months of preparation, so three years is not as long as it sounds. Your attorney needs time to gather evidence, interview witnesses, consult with professionals, and develop a legal strategy. The families who get the best outcomes are usually the ones who called early, not the ones who waited until the deadline was approaching.
Frequently asked questions about wrongful death claims in South Carolina
How much does it cost to hire a wrongful death attorney?
West Law Firm Personal Injury Lawyers works on a contingency fee basis. That means no upfront costs and no fee unless we recover compensation for your family. Your initial consultation is completely free with no obligation to hire us. You don’t pay us anything unless we win.
What if the insurance company already offered my family money?
Don’t accept any offer without having an attorney review it first. Insurance companies routinely make low initial offers, hoping families will settle quickly during an emotional time. Once you accept, the settlement is final, and you cannot ask for more. Let us look at the offer for free and tell you if it’s fair.
What if my loved one was partially at fault?
South Carolina’s modified comparative negligence rule means your family’s recovery is reduced by the deceased’s percentage of fault. If the deceased was 51% or more at fault, the claim could be barred entirely. Insurance companies know this and will attempt to shift blame. Having an attorney who can counter those arguments is critical.
Can I file a wrongful death claim if there’s also a criminal case?
Yes. A wrongful death lawsuit is a civil case and is separate from any criminal proceedings. South Carolina law specifically allows wrongful death claims even when the death resulted in criminal charges. The two cases proceed independently, and a criminal conviction isn’t required for your civil claim to succeed.
How long does a wrongful death case take to resolve?
Every case is different. Some settle within months if liability is clear and the insurance company cooperates. Complex cases with disputed fault or multiple defendants can take a year or longer. We work as efficiently as possible, but we won’t rush your family into a low settlement just to close the case quickly.
Talk to a Lowcountry wrongful death lawyer today
You don’t have to navigate this alone. West Law Firm Personal Injury Lawyers has been serving the Lowcountry since 1945, and our team has the experience and resources to investigate your case thoroughly, calculate your full losses, and hold the responsible party accountable.
Your consultation is free, and you won’t owe us a penny unless we recover compensation for your family. Contact West Law Firm Personal Injury Lawyers today to speak with a Berkeley County wrongful death attorney who will protect your rights and guide your family through this process.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts and legal circumstances.