Losing a family member because of someone else's negligence is devastating. In addition to grief, families often face funeral expenses, lost financial support, and unanswered questions about what happened and who is responsible. If you are searching for a Charleston wrongful death lawyer, you deserve clear legal guidance from a team that understands both the human weight of your loss and the complexity of South Carolina wrongful death law.
Berly Rouse represents families across Charleston and the Lowcountry in wrongful death and survival actions. We handle these cases with care and determination. Our firm works on a contingency fee basis, so you do not pay attorney fees unless we recover compensation for you.
Under South Carolina's Wrongful Death Act (S.C. Code § 15-51-10 et seq.), when a person's death is caused by another party's negligence, recklessness, or wrongful act, the deceased person's estate may pursue a civil claim for damages. The lawsuit is filed by the personal representative of the estate on behalf of eligible surviving family members.
Wrongful death is a civil claim, separate from any criminal case that may arise from the same event. A conviction is not required for a family to pursue compensation in civil court.
Common situations that lead to wrongful death claims in Charleston include:
If you are unsure whether your family's situation qualifies, a free consultation can help you understand your options.
South Carolina law determines who may benefit from a wrongful death action and who has standing to bring the claim through the estate. In most cases, the personal representative of the deceased person's estate files the lawsuit on behalf of surviving family members such as a spouse, children, or parents, depending on who survives the decedent.
The rules can be nuanced when multiple heirs are involved or when estate administration has not yet begun. Our team explains how the process applies to your family. For additional background, see our article on who can file a wrongful death lawsuit in South Carolina.
Damages in a South Carolina wrongful death claim may include:
Every case is different. The full value of a claim depends on the deceased person's age, income, dependents, the circumstances of the death, and the insurance coverage available. Berly Rouse works with financial and medical experts when needed to document long-term losses accurately.
South Carolina generally imposes a three-year statute of limitations for wrongful death lawsuits, measured from the date of death in most cases. Missing this deadline can permanently bar the claim.
Evidence also fades with time. Witness memories change, physical evidence disappears, and records become harder to obtain. Contacting a Charleston wrongful death attorney promptly helps preserve the information your case needs.
For more on timing rules in injury and death cases, see what is the statute of limitations for personal injury in South Carolina.
Wrongful death cases are not standard personal injury matters. Insurers and defense attorneys often respond aggressively because the stakes are high. Families need representation that is both compassionate and trial-ready.
When you work with Berly Rouse, we:
We serve families in Charleston, North Charleston, Mount Pleasant, Summerville, Beaufort, and communities throughout the Lowcountry. Learn more about our broader personal injury practice in Charleston.
A wrongful death claim compensates surviving family members for losses they suffer because of a loved one’s death. A survival action compensates the estate for damages the deceased person could have pursued if they had survived, such as pain and suffering before death. Both may apply in the same case depending on the facts.
Timelines vary. Some cases settle within months when liability and coverage are clear. Others require extended investigation or trial preparation when fault or damages are disputed. We provide realistic expectations after reviewing your case.
Yes. A criminal prosecution and a civil wrongful death claim can proceed on separate tracks. A civil claim does not require a criminal conviction, though criminal evidence may support the civil case.
Many wrongful death cases settle before trial. Berly Rouse prepares every case as if it will go before a jury so insurers take the claim seriously. Whether settlement or trial is appropriate depends on the offers received and your family’s goals.
Additional policies may still apply, including the deceased person’s uninsured motorist coverage in some motor vehicle cases or policies held by other liable parties. We identify all potential sources of recovery.
Berly Rouse handles wrongful death cases on a contingency fee basis. You do not pay attorney fees unless we recover compensation. We discuss fees and costs during a free consultation.
No legal outcome can replace someone you lost. A wrongful death claim can, however, hold negligent parties accountable and help your family address the financial consequences of an preventable death.
Contact Berly Rouse for a free consultation. Our Charleston wrongful death attorneys will listen to your story, explain South Carolina law as it applies to your case, and outline how we can help your family move forward.
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311 Johnnie Dodds Blvd, Ste. 171
Mount Pleasant, SC 29464
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