Story by Joel Berly
June 30, 2025
When someone’s death is caused by negligence or wrongful actions, families can file a wrongful death lawsuit to seek compensation and accountability. In South Carolina, these cases follow specific legal guidelines and timelines. Here’s what you need to know:
Acting promptly and consulting a lawyer early ensures you meet deadlines and build a strong case.
Understanding the steps involved in a wrongful death lawsuit in South Carolina is essential for navigating this complex process. From the initial appointment of a representative to the discovery phase, each stage requires careful attention to detail and adherence to strict deadlines.
Before filing a wrongful death claim, the probate court must appoint a personal representative for the deceased’s estate. This individual is the only person authorized to initiate the claim in South Carolina.
The personal representative has significant responsibilities. Beyond filing the claim, they act on behalf of the deceased and the affected family members. Their duties include managing the estate, coordinating court filings and appearances, collecting evidence, and handling settlement negotiations.
If the deceased left a will, it likely names an executor to serve as the personal representative. If no will exists or the named executor cannot serve, the court follows a specific order when appointing someone:
| Appointment Priority | Description |
|---|---|
| 1 | Surviving spouse inheriting under the will |
| 2 | Other individuals inheriting under the will |
| 3 | Surviving spouse not inheriting under the will |
| 4 | Other heirs entitled to inherit by law |
| 5 | Creditors (after 45 days, if no personal representative is appointed) |
| 6 | Any individual appointed by the court after 4 months, based on an application by the state Department of Revenue |
This process is expedited because legal deadlines for filing the lawsuit start immediately. Once the personal representative is in place, they can proceed to the next step: filing the lawsuit.
With court authorization, the personal representative formally begins the legal process by filing the complaint and serving the defendant.
The complaint serves as the foundation of the case, detailing the incident, identifying the responsible parties, and specifying the damages being sought. Where the case is filed depends on the amount of damages claimed:
Once the complaint is filed, the court issues a summons requiring the defendant to respond within a set timeframe. The summons and complaint must then be delivered to the defendant, a process known as service of process. This can be carried out through the sheriff’s department, a private process server, certified U.S. mail, or, in some cases, by publication. Proper service is critical, as the case cannot move forward until the defendant is officially notified.
After filing and serving the complaint, the lawsuit enters the discovery phase. This pre-trial period allows both sides to gather and exchange information, clarify facts, and build their cases.
During discovery, attorneys use several tools to collect evidence:
The defendant may request medical records to argue whether pre-existing conditions contributed to the death. Meanwhile, your legal team will work to prove negligence, gathering evidence like eyewitness accounts, expert testimony, and documentation of the defendant’s failure to meet their duty of care.
This phase can be emotionally difficult, as it often involves revisiting traumatic details. However, discovery is essential for building a strong case. It often leads to settlement discussions, as nearly 90% of wrongful death cases are settled or result in monetary awards before reaching trial.
Once evidence is collected, the next step is to prove negligence and link the defendant’s actions directly to your loved one’s death. This requires establishing specific legal elements and presenting strong, reliable evidence.
To succeed in a wrongful death case, four critical elements must be proven:
Successfully proving these elements is vital, but it hinges on presenting solid evidence.
Building a strong wrongful death case requires gathering various types of evidence to support each of the four elements:
"Wrongful death litigation can be a powerful tool for survivors seeking both financial compensation and a sense of justice".
With nearly 90% of wrongful death cases resulting in settlements or monetary awards, thorough evidence collection is essential. Strong evidence not only strengthens your claim but also lays the groundwork for successful settlement discussions or a favorable trial outcome.
When pursuing a wrongful death lawsuit, a key decision awaits: should you aim for a settlement or take the case to trial? Understanding how each process works can help you weigh your options effectively.
Settling a wrongful death case offers a way to resolve matters without the unpredictability of a trial. These discussions often start about three months after the incident and can involve several rounds of negotiation. Typically, insurance companies respond to settlement proposals within 30 days.
Your attorney plays a vital role here, collaborating with experts to calculate economic losses and document non-economic damages, such as pain and suffering. However, insurance companies may challenge these calculations or argue comparative negligence to reduce their liability. A skilled legal team will anticipate and counter these tactics.
In South Carolina, settlements must go through the probate court. The personal representative files a petition outlining the settlement terms, including attorney fees and how the funds will be distributed to beneficiaries. This step ensures that all parties’ interests are protected. Settling often provides a quicker and more predictable resolution compared to going to trial.
But if settlement offers fall short of your expectations, the case may move forward to trial.
When negotiations fail, the lawsuit proceeds to trial. The process includes opening statements, presenting evidence, closing arguments, and jury deliberation. Key factors considered by the court include the degree of negligence involved and the financial impact on your family. Expert witnesses often play a pivotal role, especially in complex cases like those involving medical malpractice. Additionally, the reliability of eyewitness testimony can significantly influence the outcome.
Deciding between settling and going to trial depends on the specifics of your case and your personal objectives. While trials can sometimes result in higher compensation, they also demand more time and emotional energy. Court rulings are shaped by legal precedents and legislative changes, factors your attorney will carefully evaluate to guide you toward the best outcome for your case.
Navigating a wrongful death lawsuit involves more than just understanding the legal process; it requires balancing meticulous documentation with emotional resilience. The journey can feel overwhelming, especially when you’re already grappling with loss. However, taking practical steps to stay organized and seeking the right support can make this difficult experience more manageable.
Keeping your legal documents in order is a vital step in simplifying the process and reducing stress. A well-organized system ensures you can access important paperwork quickly and streamlines your case’s progression.
Start by digitizing all physical documents. Scan medical bills, funeral receipts, insurance statements, and any other relevant paperwork. This not only protects these documents from loss or damage but also makes them easier to retrieve when needed. Use a reliable scanner and consider backing up these files using cloud storage to ensure they remain secure and accessible.
To keep everything easily searchable, adopt a consistent naming convention for your files. For instance, a format like YYYYMMDD_DocumentType_Description can help you quickly locate specific documents. Additionally, create a folder structure that mirrors your case’s timeline or categories, such as medical records, correspondence, and expenses. Dedicate time each week to update your system and file new paperwork – it’s a small habit that can save you significant time and effort later.
The emotional impact of pursuing a wrongful death lawsuit often goes beyond the typical grieving process. Feelings of anger, guilt, and frustration can surface, making it essential to address these emotions head-on.
Seeking professional help, such as grief counseling or therapy, can be incredibly beneficial. Many therapists specialize in wrongful death cases and understand the unique challenges families face during legal proceedings. Counseling can help you process complex emotions, manage stress, and find ways to cope effectively.
Support groups can also be a valuable resource. Connecting with others who have faced similar losses provides a safe space to share your feelings and gain insights from those who truly understand your situation.
Taking care of your physical health is equally important for emotional well-being. Maintaining a balanced routine that includes proper nutrition, regular exercise, and sufficient sleep can help stabilize your mood and energy levels. Incorporating self-care activities – whether it’s reading, engaging in hobbies, or simply spending time outdoors – can also aid in the healing process.
Mindfulness techniques, such as meditation or deep breathing exercises, can offer immediate relief during particularly stressful moments. These practices can help you regain focus and manage the emotional toll of your situation.
Partnering with an experienced wrongful death attorney can alleviate much of the legal burden, allowing you to focus on healing and supporting your family. Lawyers with expertise in wrongful death cases bring a deep understanding of the laws, procedures, and strategies needed to build a strong claim.
A skilled attorney will guide you through the legal process, explain your rights, and help you make informed decisions. They can accurately assess damages, including economic and non-economic losses, and often have access to expert resources, such as accident reconstruction specialists or medical professionals, to strengthen your case.
By delegating the legal complexities to your attorney, you can reduce stress and ensure that no critical details are overlooked. Choose a lawyer who has specific experience with wrongful death cases, a proven track record, and genuine empathy for your situation. Regular updates and clear communication from your attorney can also help you feel more in control and reduce anxiety about the process.
Understanding that legal proceedings take time is essential. Setting realistic expectations about the timeline can help ease concerns about delays or uncertainties. A good attorney will keep you informed about each step and help you prepare for what’s ahead.
Filing a wrongful death lawsuit is about more than seeking financial compensation – it’s about holding the responsible parties accountable and finding a sense of justice during an incredibly difficult period. Understanding the legal process and taking the right steps can help families navigate this challenging journey.
As mentioned earlier, early preparation is the cornerstone of any successful wrongful death case. Gathering medical records, witness statements, accident reports, and photographs as soon as possible is crucial. South Carolina’s statute of limitations is strict, so meeting those deadlines is essential.
This preparation also paves the way for effective legal representation. An experienced wrongful death attorney can provide the guidance needed to turn what feels like an overwhelming process into something more manageable. Their expertise in South Carolina law allows them to assess both economic and non-economic losses accurately and handle complex negotiations, ensuring no important details are missed.
Equally vital during this time is prioritizing emotional support. The grief of losing a loved one, paired with the stress of legal proceedings, can be overwhelming. Professional counseling and a strong support system can help you stay focused, make clear decisions, and remain actively involved in your case. This support not only helps with your emotional well-being but also strengthens your ability to see the legal process through.
The discovery phase in a wrongful death lawsuit can be an emotionally and logistically taxing time for families. This stage often requires revisiting the painful circumstances surrounding the loss of a loved one, which can intensify feelings of grief and distress.
On top of the emotional toll, gathering crucial evidence like medical records, accident reports, or witness statements can be a complicated and time-consuming process. These tasks often involve dealing with sensitive information, requiring careful handling and attention to detail.
The legal procedures themselves can feel overwhelming. Discovery often includes complex processes like depositions, interrogatories, and document requests, which can lead to delays. Coordinating with various parties – opposing attorneys, expert witnesses, and investigators – adds another layer of difficulty, requiring families to juggle multiple moving parts.
This is where the guidance of an experienced personal injury attorney becomes invaluable. They can help streamline the process, handle the legal complexities, and ensure the case progresses with as little added stress as possible for the grieving family.
Losing someone you love is one of the hardest experiences to endure, and dealing with a wrongful death lawsuit on top of that can feel like too much to handle. During such a challenging time, leaning on your support system – whether that’s close friends or family – can make a world of difference. Seeking help from a counselor or therapist can also provide a safe space to work through your grief and discover ways to cope in a healthy manner.
Taking care of yourself is just as crucial. Simple things like staying active, eating well, and getting enough rest can help ease stress and build emotional strength as you move through this difficult period. Don’t hesitate to reach out for help – whether it’s from those around you or from professionals – to manage both the emotional and legal hurdles ahead.
Deciding whether to settle a wrongful death case or take it to trial requires careful consideration of several key factors. One of the most important is the strength of the evidence. If the evidence strongly supports your case, pursuing a trial might be worth the time and effort. On the other hand, if the evidence is less convincing, a settlement could be a more practical path.
You’ll also need to think about the timeline and costs. Trials can drag on for months or even years and often come with hefty legal expenses, while settlements tend to resolve more quickly and with fewer costs.
Another critical aspect is the emotional toll. Trials can be emotionally draining for families, especially when the details of the case are revisited in court. Settlements, while potentially offering less compensation, are usually less stressful and allow for quicker closure. However, if the other party disputes liability or if you believe a higher compensation is justified, a trial may be the better option.
Ultimately, consulting with an experienced wrongful death attorney can provide clarity and guidance tailored to your situation, helping you make the decision that’s right for you and your family.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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