Story by Joel Berly
July 23, 2025
Losing a loved one due to negligence or wrongful actions is devastating. In South Carolina, wrongful death cases often arise from five primary causes: motor vehicle accidents, medical malpractice, workplace accidents, defective products, and criminal acts. Each cause has unique legal considerations, timelines, and evidence requirements for pursuing compensation.
Understanding these causes helps families identify potential claims and seek justice. Legal guidance is crucial for navigating these cases and securing compensation for emotional and financial losses.
Motor vehicle accidents are the leading cause of wrongful death in South Carolina, often stemming from driver negligence or reckless actions. When these tragedies occur due to another driver’s carelessness, surviving family members may have the legal right to pursue a wrongful death lawsuit.
The statistics surrounding motor vehicle accidents in South Carolina are deeply concerning. In 2020 alone, the state recorded 962 fatal car crashes, resulting in 1,030 deaths. To put it into perspective, a traffic collision happens every 3.7 minutes in South Carolina, and someone loses their life every 8.6 hours.
South Carolina consistently ranks as one of the most dangerous states for drivers in the U.S.. The state reported 20.7 deaths per 100,000 residents, and it leads the nation in deaths per 100 million miles traveled, with a rate of 1.97.
Commercial truck accidents add another layer of risk, with 2,502 fatal crashes involving large trucks in 2020, resulting in 103 deaths. These numbers highlight the urgent need to address the behaviors that contribute to such devastating incidents.
Driver-related errors are behind over 98% of motor vehicle accidents, with more than 90% of contributing factors tied directly to driver behavior. Some of the most dangerous actions that frequently result in wrongful death cases include:
Some of the most lethal crashes involve angle collisions (such as T-bone accidents) and head-on collisions. Alarmingly, nearly half of all accidents caused by someone running a red light result in injuries.
When a fatal accident is caused by someone else’s negligence, families have specific legal rights to explore. In South Carolina, a wrongful death lawsuit must be filed by the representative of the deceased’s estate.
"A ‘wrongful death’ refers to another party’s negligence, recklessness, or wrongdoing that results in a fatality." – Law Offices of Kenneth Berger
Timing is critical – families must file their claim within three years of the date of death. Building a strong case requires evidence such as police reports, witness statements, and expert testimony. Additionally, all damages, including funeral expenses, medical bills, lost income, and the emotional toll of losing a loved one, should be thoroughly documented.
Compensation in these cases often covers funeral costs, medical expenses, lost earnings, emotional distress, and loss of companionship. While many cases are settled through negotiations, litigation may be necessary if insurance companies fail to offer fair compensation.
For families seeking legal assistance, Berly Rouse Attorneys provide experienced guidance in wrongful death claims (https://berlyrouse.com).
Medical malpractice is the second leading cause of wrongful death in South Carolina, occurring when healthcare providers fail to meet the expected standards of care. Mistakes in diagnosis, treatment, or follow-up care can have devastating consequences.
"Medical malpractice means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances." – South Carolina Code of Laws Section 15-79-110
Medical errors rank as the third leading cause of death in the United States. Studies estimate that these mistakes contribute to over 250,000 deaths annually, with some research suggesting the number could reach as high as 440,000. In South Carolina, the impact is significant. In 2023, there were 177 medical malpractice payouts totaling $64.93 million, with an average payout of $366,836 per case. This marks a noticeable increase from 2021, where 137 cases resulted in $44.32 million in settlements, averaging $320,000 per case. Notably, South Carolina’s average payout per case in 2023 exceeded the national average.
Several types of medical errors contribute to wrongful death cases in South Carolina. Diagnostic mistakes – such as misdiagnosis or delayed diagnosis – are particularly concerning, as they account for over 30% of malpractice claims nationwide. Surgical errors, including wrong-site surgeries or leaving instruments inside patients, also pose serious risks. Medication errors, whether through incorrect dosages or harmful drug interactions, can lead to fatal outcomes. Complications during childbirth, emergency room oversights, and inadequate nursing care – like delayed treatment or poor patient monitoring – further highlight the dangers of medical negligence. Each of these errors presents unique challenges for families seeking justice.
Navigating a wrongful death claim due to medical malpractice requires understanding the legal requirements involved. In South Carolina, families must prove four critical elements: the existence of a doctor-patient relationship (establishing a duty of care), a breach of that duty, a direct link between the breach and the patient’s death, and resulting damages – both economic and non-economic. Filing a claim also requires submitting a Notice of Intent and securing expert testimony to outline the breach.
South Carolina law imposes a three-year statute of limitations for filing wrongful death claims, and only the executor or administrator of the deceased’s estate can initiate the process. Compensation may cover economic damages like medical bills, funeral costs, and lost income, as well as non-economic damages for pain, suffering, and loss of companionship. However, South Carolina is one of 24 states that caps non-economic damages, which can limit the total amount recoverable.
Families pursuing these claims must collect thorough documentation and expert opinions. Legal expertise is essential to navigate the complexities of these cases. For those grappling with the loss caused by medical malpractice, Berly Rouse Attorneys provide compassionate legal representation to help families seek the justice and compensation they deserve (https://berlyrouse.com).
Workplace accidents in South Carolina often lead to wrongful death when safety measures fail, creating both financial and emotional burdens for families.
Workplace fatality data in South Carolina highlights some troubling patterns. In 2022, there were 132 fatal occupational injuries in the state, up from 107 in 2021. While the number decreased to 112 fatalities in 2023, workplace deaths remain a serious issue.
In 2023, transportation-related incidents were responsible for 39% of all workplace fatalities. Harmful substances or hazardous environments followed, causing 21% of deaths. The construction industry experienced the highest number of fatalities, with 31 deaths, and falls, slips, and trips accounted for 10 of those. Additionally, the transportation and material-moving sector recorded 37 fatal injuries, making it one of the most dangerous job categories.
Several key factors contribute to fatal workplace accidents in South Carolina. The Occupational Safety and Health Administration (OSHA) highlights four primary hazards in construction – falls, being struck by objects, being caught in or between objects, and electrocutions. Eliminating these dangers could save hundreds of lives annually across the U.S..
In South Carolina, contact with equipment or objects caused 14% of workplace deaths in 2023, often involving heavy machinery or falling debris. Electrocutions and machinery-related entrapments are also frequent causes of fatal incidents. High-risk jobs in the state include roles like loggers, roofers, fishing and hunting workers, construction helpers, aircraft pilots, truck drivers, structural iron and steel workers, refuse collectors, farmers, and grounds maintenance workers. Particularly vulnerable are construction and extraction workers, as well as tractor-trailer drivers. These risks emphasize the importance of swift legal action to address these tragedies.
To file a wrongful death claim, surviving family members must appoint a personal representative, often a spouse or adult child.
Timelines for legal action are strict. A workers’ compensation claim must be filed within two years of a work-related death, while wrongful death lawsuits against third parties must be initiated within three years. South Carolina’s comparative negligence rule could reduce compensation if the worker is found partially at fault.
Families may seek compensation through several channels, including third-party lawsuits, life insurance, Social Security, or union benefits. Recoverable damages may include economic losses like lost wages, medical bills, and funeral costs, as well as noneconomic damages for mental anguish and loss of companionship. Key steps involve preserving evidence, identifying liable parties, and calculating damages. Consulting an attorney experienced in wrongful death cases is critical.
For families dealing with the aftermath of workplace accidents, Berly Rouse Attorneys provide skilled and compassionate legal support to help secure the compensation they need during such difficult times.
Defective products, like other causes of wrongful death, often involve clear acts of negligence that leave families devastated. When products fail, the consequences can be fatal.
Across the United States, deaths caused by defective products are a major public health issue. According to the U.S. Consumer Product Safety Commission, around 21,400 deaths annually are linked to product-related injuries. In South Carolina, families experience heartbreaking losses due to faulty medical devices, dangerous pharmaceuticals, defective automotive parts, hazardous household items, and malfunctioning industrial equipment.
The numbers are staggering. Each year, Americans suffer 30–40 million product-related injuries, costing the country $1 trillion. Even items designed for children can be deadly. In 2018, about 166,200 children under 15 were treated in emergency rooms for toy-related injuries.
Wrongful death cases often stem from products like defective vehicle components causing accidents, toxic household items, malfunctioning medical devices, and faulty industrial equipment. For example, toys with lead-based paint, small parts that pose choking hazards, or long strings that risk strangulation are common culprits. These examples underline the importance of understanding product defects when pursuing wrongful death claims in South Carolina.
Defective products typically fall into three categories: design flaws, manufacturing errors, or inadequate warnings. South Carolina law recognizes all three as valid grounds for liability claims.
In industrial environments, poorly designed safety features can lead to explosions, fires, or entrapments. Understanding these defect types is key when building a wrongful death case.
South Carolina law provides strong protections for consumers harmed by defective products. The state follows a strict liability standard for product defect cases. This means families do not need to prove the manufacturer was negligent; they only need to show that the product was defective and that this defect directly caused the death while the product was being used as intended.
To succeed in a claim, families must establish four crucial elements:
Preserving evidence is crucial. Families should keep the defective product unaltered, take photos or videos of the scene, retain any product literature, and gather witness testimonies.
In South Carolina, the statute of limitations for product liability wrongful death cases is three years from the date of death. Additionally, only the personal representative of the deceased’s estate can file a lawsuit. It’s also important to note that South Carolina’s comparative negligence rule may reduce compensation if the deceased is found partially at fault.
Acting quickly is essential to preserving evidence and building a strong case. The attorneys at Berly Rouse specialize in product liability law and are dedicated to guiding families through these challenging situations while seeking the justice and compensation they deserve.
Criminal acts and violence often lead to tragic losses, leaving families to grapple with the emotional toll while navigating complex civil claims. When a loved one is lost due to homicide, assault, drunk driving, or other violent crimes, families may pursue wrongful death claims even as criminal cases unfold.
South Carolina struggles with a higher-than-average rate of violent crime. The state’s violent crime rate is 5.5, compared to the national average of 4.0. Crimes such as aggravated assault, robbery, rape, and homicide contribute to these staggering statistics, leaving countless families devastated.
Negligent security has become a growing concern in areas like shopping centers, hotels, and apartment complexes, where property owners fail to provide adequate safety measures. Personal injury lawyers in South Carolina have noted an uptick in such cases. Workplace violence adds to the issue, with 117 fatal occupational injuries reported in one year alone, 17 of which were due to violence or attacks by individuals or animals. These numbers highlight the risks and circumstances that often lead to wrongful death claims tied to criminal acts.
Several factors play a role in wrongful deaths linked to criminal acts. Negligent security is a key issue, particularly in areas where property owners are responsible for visitor safety. Poorly lit parking lots, unsecured apartment complexes, and inadequate security at commercial properties can create environments where criminal actions lead to fatal outcomes. Drunk driving, often categorized under vehicle accidents, also underscores the dangers of criminal behavior. Domestic violence, when left unchecked or inadequately addressed, can tragically escalate into deadly situations. These risk factors emphasize the urgency for families to act quickly to protect their legal rights.
When criminal acts result in wrongful deaths, understanding the relationship between civil and criminal law is essential. Unlike criminal trials, where guilt must be proven "beyond a reasonable doubt", wrongful death lawsuits are civil cases that require liability to be established by a "preponderance of the evidence". This difference allows families to seek justice even if criminal proceedings do not result in a conviction.
In South Carolina, wrongful death claims related to criminal acts are governed by the state’s Wrongful Death Act (S.C. Code § 15-51-10). Under this law, only the personal representative of the deceased’s estate can file the lawsuit. Families may be entitled to additional damages in cases involving crimes such as murder, manslaughter, domestic violence, or drunk driving.
The timeline for filing a wrongful death claim in South Carolina is three years from the date of death. Claims involving $7,500 or less are handled by the Magistrate Court, while higher-value claims must go through the South Carolina Circuit Court. The process includes hiring skilled legal counsel, collecting evidence, filing within the statute of limitations, and potentially proceeding to trial. Successful claims can result in compensation for economic damages like medical bills, lost income, and funeral expenses, as well as non-economic damages such as pain, suffering, and loss of companionship.
Taking swift action is essential. While law enforcement focuses on the criminal investigation, families should seek experienced legal representation to ensure their civil rights are protected. The attorneys at Berly Rouse are dedicated to guiding families through the legal and emotional challenges of wrongful death cases tied to criminal acts, helping them find justice and closure during an incredibly difficult time.
This table outlines the distinct legal challenges associated with various causes of wrongful death.
| Cause of Death | Frequency | Common Scenarios | Key Legal Factors |
|---|---|---|---|
| Motor Vehicle Accidents | Most common cause of wrongful death | Driver errors, impaired driving (alcohol/drugs involved in ~50% of fatal crashes), aggressive driving, ignoring traffic signals | Standard 3-year statute of limitations; punitive damages may apply for reckless behavior |
| Medical Malpractice | Second most common cause | Errors in medication, surgical mistakes, misdiagnosis, delayed diagnosis, inadequate aftercare, missed diagnostic tests | Extended statute of limitations (up to 3 years from discovery, max 6 years from treatment); requires Notice of Intent, expert witness affidavit; must prove duty, breach, causation, and damages |
| Workplace Accidents | Nearly 5,000 preventable deaths in 2019 | Construction falls, struck-by incidents, electrocution, chemical exposure, equipment mishaps, transportation accidents | 3-year statute of limitations; multiple liable parties possible; workers’ compensation does not prevent claims against third parties |
| Defective Products | Varies by product category | Manufacturing defects, design issues, lack of warnings, automotive part failures, medical device malfunctions, pharmaceutical side effects | 3-year statute of limitations; strict liability may apply; often involves multiple defendants in the supply chain; expert testimony usually required to establish defect |
| Criminal Acts and Violence | Leading cause of death for those under 44 | Homicide and assault | 3-year statute of limitations |
This comparison underscores the need for tailored legal strategies depending on the cause of death. In some cases, multiple causes may overlap, which can increase potential damages.
Certain claims, like those against government entities, require stricter deadlines and additional paperwork. For medical malpractice, families must navigate extra pre-lawsuit steps, including filing documentation like a Notice of Intent and securing an expert affidavit.
Across most categories, families bear the burden of proving that another party’s wrongful act, neglect, or default caused their loved one’s death. However, the type of evidence needed can vary widely. For example, workplace accidents may require coordination with workers’ compensation benefits, while medical malpractice cases often involve proving violations of professional standards, which can lead to higher settlements.
Damage calculations also differ depending on the circumstances. Cases involving intentional acts or gross negligence, such as drunk driving, may qualify for punitive damages in addition to economic and non-economic compensation. Understanding these nuances is crucial for families seeking justice, which is why working with experienced legal counsel can make all the difference in building a strong case.
Understanding the top causes of wrongful death in South Carolina helps families identify risks and, when possible, take steps to prevent them. Recent statistics emphasize the need for vigilance, with fatal incidents occurring across various environments. For instance, medical errors have been the third-leading cause of death in the U.S. for years, and faulty medical devices alone have caused over 83,000 deaths nationwide in the past decade. These numbers highlight the importance of taking swift legal action when negligence is involved.
When tragedy strikes, acting quickly is essential to protect legal rights. Recognizing these common causes can help families determine whether they may have a valid claim and take proactive steps to safeguard their interests.
Navigating the legal and emotional complexities of wrongful death cases requires knowledgeable and experienced legal support. With causes ranging from traffic accidents to medical negligence, each case demands a tailored approach to gather evidence, identify all liable parties, and pursue justice. Skilled legal counsel is critical to ensuring families receive the compensation they deserve.
Berly Rouse Attorneys offers compassionate and experienced representation for wrongful death cases across South Carolina. Their team understands the immense challenges families face during such difficult times and works tirelessly to secure justice and financial compensation for their clients. With a deep focus on personal injury and wrongful death cases, they are committed to protecting your rights so you can focus on healing.
If you’ve lost a loved one due to someone else’s negligence, don’t delay. Reach out to experienced legal counsel today to safeguard your rights and take the first steps toward justice and closure.
Families need to move swiftly to safeguard their legal rights. The first step is to consult a knowledgeable wrongful death attorney as soon as possible. This ensures you stay within South Carolina’s statute of limitations, which is generally three years from the date of death. An attorney can also assist in preserving vital evidence and notifying all relevant parties.
It’s equally important to collect essential documents, including medical records, the death certificate, and any evidence tied to the incident. Acting quickly on these steps can bolster your case and help you seek the compensation you’re entitled to for your loss.
South Carolina uses a modified comparative negligence rule that plays a crucial role in wrongful death cases. This rule means that if the deceased is found to be 50% or more at fault for the incident, the family is not eligible to receive any compensation. On the other hand, if the deceased is determined to be less than 50% at fault, the total compensation will be reduced based on their percentage of fault.
For instance, imagine the court finds the deceased 20% at fault, and the total damages amount to $100,000. In this case, the family would receive $80,000, reflecting the reduction for the deceased’s share of fault. This underscores how vital it is to accurately establish fault in wrongful death claims to secure fair compensation.
Proving a wrongful death claim due to medical malpractice in South Carolina can be a challenging process. To succeed, you need to show that the healthcare provider failed to meet their duty of care and that this failure directly led to the death. This usually involves presenting expert testimony and thorough medical evidence to establish a clear connection between the negligence and the fatal outcome.
Complicating matters further, defense teams may argue factors like pre-existing conditions or other possible causes of death to deflect liability. Adding to the urgency, South Carolina has a three-year statute of limitations for filing wrongful death claims, meaning time is of the essence. Given these complexities, working with an experienced attorney can be crucial to building a solid case and addressing these legal hurdles effectively.
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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