Losing a family member because of someone else’s careless or reckless actions is one of the most devastating experiences a family can face. A Greenville wrongful death lawyer can help surviving family members pursue a legal claim to seek compensation for their losses, including funeral costs, lost income, and the emotional pain of losing their loved one. Under South Carolina law, certain family members have the right to file a wrongful death lawsuit when a death is caused by another party’s negligence or intentional misconduct.
Grief is hard enough without having to fight an insurance company or a corporate legal team at the same time. Wrongful death cases in South Carolina involve specific legal rules, filing deadlines, and procedures that can be difficult to manage without professional help. For Greenville families, understanding these rules early can protect their rights and help them make informed decisions about whether to move forward with a claim.
South Carolina Personal Injury Attorneys LLC represents families in Greenville who have lost a loved one due to someone else’s wrongful conduct. Our wrongful death attorneys in Greenville are committed to helping families through this difficult process with clear guidance and strong legal representation. If your family has suffered this kind of loss, call us at (864) 990-0904 or fill out our online contact form to schedule a free consultation. You owe nothing unless we recover compensation for your family.
What Is a Wrongful Death Claim in South Carolina?
A wrongful death claim is a civil lawsuit filed by the survivors of a person who died because of another party’s negligence, recklessness, or intentional act. It is separate from any criminal case that might arise from the same incident. While a criminal case punishes the wrongdoer, a wrongful death claim seeks financial compensation for the family members left behind.
South Carolina’s wrongful death statute is found at S.C. Code § 15-51-10. Under this law, a wrongful death claim can be filed when a person dies from an injury that would have allowed them to file a personal injury lawsuit had they survived. The claim is brought on behalf of the deceased person’s estate and their surviving family members.
The law also recognizes a separate but related action called a survival claim under S.C. Code § 15-5-90. A survival claim allows the estate to recover compensation for damages the deceased person experienced between the time of the injury and the time of death, including medical expenses and pain suffered before passing. Both claims are often filed together, and a Greenville wrongful death attorney can help families understand whether both apply to their situation.
Who Can File a Wrongful Death Lawsuit in Greenville?
Under S.C. Code § 15-51-20, a wrongful death lawsuit in South Carolina must be filed by the personal representative of the deceased person’s estate. This is typically the executor named in the person’s will or a court-appointed administrator if no will exists. However, the compensation recovered does not belong to the estate alone. It is distributed to the surviving family members as specified by law.
The people who may receive compensation from a wrongful death claim include the surviving spouse, children, and parents of the deceased. If none of these relatives survive, the compensation may be distributed to other heirs under South Carolina’s intestate succession laws. Each situation is different, and the distribution of any recovery depends on the specific family structure and circumstances involved.
Families often have questions about whether they qualify to bring a claim, especially in situations involving unmarried partners, stepchildren, or estranged relatives. A wrongful death lawyer in Greenville can review the specific details of your family’s situation and explain who is eligible to participate in the claim and how any recovery would be divided.
Common Causes of Wrongful Death Cases in Greenville
Wrongful death cases in Greenville arise from many different types of accidents and situations. What they all share is that the death was preventable and caused by another party’s failure to act with reasonable care. Some of the most common causes seen in Greenville wrongful death claims include:
- Motor vehicle accidents – Car, truck, and motorcycle crashes caused by distracted, drunk, or reckless drivers are among the leading causes of preventable death in South Carolina.
- Commercial truck accidents – Crashes involving 18-wheelers or other large commercial vehicles can cause fatal injuries and may involve multiple liable parties, including the trucking company and cargo loaders.
- Workplace accidents – Fatal injuries on construction sites, industrial facilities, or other job sites may give rise to a wrongful death claim when employer negligence or a third party’s actions contributed to the death.
- Premises liability incidents – Falls, structural failures, or dangerous property conditions that result in a fatal injury may hold a property owner liable under premises liability law.
- Defective products – A product that was improperly designed or manufactured and caused a fatal injury may support a claim against the manufacturer, distributor, or seller.
- Medical malpractice – When a doctor, hospital, or healthcare provider fails to meet the accepted standard of care and a patient dies as a result, a wrongful death claim based on medical negligence may be an option.
- Pedestrian and bicycle accidents – Fatal collisions involving pedestrians or cyclists caused by inattentive or aggressive drivers are a recurring concern on Greenville’s roads.
Understanding the cause of death is the starting point for any wrongful death case. A thorough investigation is needed to identify all responsible parties before a claim can be filed.
What Compensation Can a Family Recover in a Wrongful Death Case?
South Carolina wrongful death law allows surviving family members to seek several types of compensation, often referred to as damages. The goal is to address both the financial and personal losses that result from losing a loved one.
Economic damages reflect measurable financial losses. These include the deceased person’s expected future earnings and benefits had they lived, the medical costs incurred from the time of injury to death, and funeral and burial expenses. Lost financial support, including contributions the deceased made to household expenses and family needs, can also be included.
Non-economic damages address losses that have no set dollar value but are equally real. These include the grief and sorrow experienced by surviving family members, the loss of the deceased’s companionship, guidance, and emotional support, and the loss of the services the person provided to the household. In cases where the at-fault party acted with extreme recklessness or intentional disregard for human life, South Carolina courts may also award punitive damages under S.C. Code § 15-32-530 to punish the wrongdoer and deter similar conduct in the future.
How Long Does a Family Have to File a Wrongful Death Claim in South Carolina?
South Carolina law sets a strict deadline for filing wrongful death lawsuits. Under S.C. Code § 15-3-530, surviving family members generally have three years from the date of death to file a wrongful death claim. Missing this deadline almost always results in the case being dismissed, regardless of how strong the evidence is.
There are narrow exceptions that can affect this deadline. For example, if the death involved a government agency or a public employee, special notice requirements and shorter deadlines may apply under the South Carolina Tort Claims Act. Cases involving minors or situations where the cause of death was not immediately known may also have different timelines.
Because exceptions are limited and can be complex, the safest approach is to contact a Greenville wrongful death attorney as soon as possible after the loss. Starting early also gives the legal team more time to gather evidence, identify witnesses, and build a stronger case before records become unavailable or memories fade.
How the Wrongful Death Claims Process Works in Greenville
Filing a wrongful death claim involves several stages. Knowing what to expect can help your family feel more prepared throughout the process.
Seek Legal Counsel and Establish the Estate
The first step is consulting with a wrongful death lawyer in Greenville to assess whether a valid claim exists. At the same time, if no estate has been opened, the family will need to appoint a personal representative through the Greenville County Probate Court.
Establishing the estate is a legal requirement for filing, and it must be completed before the lawsuit can proceed. An attorney can help coordinate this process alongside the wrongful death claim so nothing is delayed unnecessarily.
Investigate the Death and Identify Liable Parties
Your attorney will conduct a thorough investigation into the circumstances of the death. This typically involves obtaining the death certificate, police reports, medical records, autopsy findings, witness statements, and any available video or physical evidence.
In complex cases, attorneys may work with accident reconstruction specialists, medical experts, or vocational experts to build a clear picture of what happened and who was responsible. Identifying all potentially liable parties early is essential because some claims, such as those involving employers or product manufacturers, require specific legal theories and evidence.
File the Claim and Handle Insurance Communication
Once the investigation is complete, your Greenville wrongful death attorney will file the appropriate claims and begin communicating with the insurance companies involved. All correspondence and negotiation typically go through the law firm, protecting the family from pressure tactics and direct contact with insurers.
Insurance companies in wrongful death cases often make early settlement offers that do not fully account for the long-term financial and personal impact of the loss. Your attorney will evaluate any offers carefully and advise the family on whether to accept or continue negotiating for a better outcome.
Negotiate a Settlement or Prepare for Trial
Many wrongful death cases in South Carolina are resolved through settlement negotiations without going to court. Your attorney will push for a settlement amount that genuinely reflects the family’s total losses, including both economic damages and non-economic losses.
If the insurance company or defendant refuses to offer fair compensation, the attorney may recommend filing a lawsuit in Greenville County court. A trial allows the family to present their case to a judge or jury, who will determine the outcome. Most cases settle before reaching this stage, but having an attorney prepared and willing to go to trial often strengthens the negotiating position.
Resolution and Distribution of Compensation
Once a settlement is reached or a court judgment is entered, the compensation is distributed to the eligible family members according to South Carolina law and any agreements reached between the parties. Your attorney will walk the family through this final step and make sure the process is handled correctly.
If any liens on the recovery exist, such as medical billing liens or healthcare provider claims, your attorney will work to resolve those as well so the family receives the maximum amount possible from the final recovery.
Proving Negligence in a Greenville Wrongful Death Case
Winning a wrongful death claim requires proving that another party’s negligence caused the death. South Carolina law requires the family to establish four elements: the defendant owed the deceased a duty of care, the defendant breached that duty, the breach directly caused the death, and the death resulted in quantifiable damages to the surviving family.
Gathering strong evidence is essential to meeting this standard. Evidence can include accident reports, medical records, witness testimony, surveillance footage, phone records, and expert analysis. The more thoroughly the case is documented, the stronger the family’s position will be during settlement negotiations or at trial.
South Carolina follows the modified comparative negligence rule under S.C. Code § 15-38-15. This means that even if the deceased was partially responsible for the accident, the family may still recover compensation as long as the deceased was less than 51% at fault. Any recovery would be reduced by the percentage of fault assigned to the deceased.
Wrongful Death vs. Survival Action: Understanding the Difference
These two types of claims are related but serve different purposes, and both may apply in the same case. A wrongful death claim compensates the surviving family members for their own losses resulting from the death, such as grief, lost financial support, and lost companionship.
A survival action under S.C. Code § 15-5-90, by contrast, compensates the estate for what the deceased person experienced and lost before they died. This can include medical expenses incurred after the injury, physical pain and suffering the person endured, and any lost wages from the time of injury to death. The estate receives this compensation, which is then distributed according to the deceased’s will or South Carolina’s inheritance laws.
Filing both claims at the same time is common in South Carolina wrongful death cases when the circumstances support it. Your attorney will assess the facts and advise whether both claims should be pursued together.
Frequently Asked Questions About Wrongful Death Claims in Greenville
What qualifies as a wrongful death in South Carolina?
A death qualifies as a wrongful death under S.C. Code § 15-51-10 when it is caused by another party’s negligence, recklessness, or intentional conduct, and the deceased would have had the right to file a personal injury lawsuit had they survived. Common examples include fatal car accidents caused by a negligent driver, deaths from workplace accidents, and deaths resulting from medical malpractice. Each situation requires a legal review to confirm whether a valid claim exists.
Can I file a wrongful death claim if a criminal case is also being pursued?
Yes, a wrongful death civil claim and a criminal case can proceed at the same time because they are separate legal actions with different standards of proof. A criminal case requires proof beyond a reasonable doubt, while a civil wrongful death claim requires proof by a preponderance of the evidence, which is a lower standard. The outcome of the criminal case does not automatically determine the outcome of the wrongful death claim, though it may influence the evidence available.
How much is a wrongful death case worth in South Carolina?
The value of a wrongful death case depends on several factors, including the age and income of the deceased, the size of the family, the circumstances of the death, and the extent of non-economic losses like grief and lost companionship. There is no fixed amount, and every case is different. A Greenville wrongful death attorney can review the specific details of your family’s situation to provide a realistic assessment of what your claim may be worth.
What if the person who caused the death was uninsured?
If the at-fault party was uninsured or did not have enough coverage to fully compensate the family, other sources of recovery may be available. These can include the family’s own uninsured or underinsured motorist coverage, employer liability if the at-fault driver was working at the time, product liability claims if a defective vehicle or product contributed to the death, or claims against a property owner. A wrongful death lawyer in Greenville will investigate all potential sources of compensation.
Does a wrongful death settlement go through probate?
In South Carolina, wrongful death proceeds are distributed directly to the eligible surviving family members as defined by statute and are generally not considered part of the probate estate. However, any survival action recovery does pass through the estate and is subject to distribution according to the will or intestate succession laws. The specific handling of funds depends on the type of claim and how the recovery is structured, which your attorney will explain in detail.
How is a wrongful death settlement divided among family members?
Under South Carolina law, the division of wrongful death proceeds among surviving family members is generally handled first by agreement among the parties. If the family cannot agree, a court will determine how the money is divided based on each person’s relationship to the deceased and the nature of their losses. Spouses, children, and parents are typically the primary beneficiaries, but the specifics depend on each family’s circumstances.
Contact a Greenville Wrongful Death Lawyer Today
No amount of compensation can undo the loss of a loved one, but a successful wrongful death claim can provide financial stability for your family and hold the responsible party accountable. South Carolina Personal Injury Attorneys LLC is here to help Greenville families through this process with experienced legal support, honest communication, and a genuine commitment to getting the best possible outcome for every case we handle.
If your family has lost someone due to another party’s negligence or wrongful conduct, please do not wait to get legal advice. Call South Carolina Personal Injury Attorneys LLC at (864) 990-0904 or complete our online contact form to schedule a free consultation with a Greenville wrongful death lawyer. There are no upfront costs, and you pay nothing unless we recover compensation for your family.