Guide to Wrongful Death Claims in South Carolina

Story by Gregory Rouse
December 5, 2024

Losing a loved one because of someone else’s negligence is one of life’s hardest experiences. In South Carolina, families have legal options to seek accountability and financial relief during these difficult times. However, the legal process can feel confusing and overwhelming when you’re already dealing with grief and anger.

At Berly Rouse, our Charleston personal injury attorneys provide compassionate guidance to those facing a wrongful death claim. We help families understand their rights and take steps toward resolution.

What Is a Wrongful Death Claim?

In South Carolina, a wrongful death claim is a legal action that allows families to hold negligent parties accountable when a loved one’s death is caused by negligence, recklessness, or intentional misconduct. It provides a way for families to address the loss through a civil lawsuit and seek compensation.

Common causes of wrongful death claims include:

• Car accidents. One person is killed every eight hours in South Carolina in a traffic accident. Many wrongful deaths happen because of another driver’s negligence, such as speeding, distraction, or driving under the influence.

• Medical malpractice. Preventable deaths often result from medical negligence, such as misdiagnosing patients, surgical errors, improper medication administration, or failure to provide necessary care.

• Workplace accidents. Unsafe working conditions or faulty equipment often lead to fatal injuries on the job. 132 people died in work-related injuries in South Carolina in 2022.

• Defective products. Poorly designed, manufactured, or labeled consumer products can cause accidents or injuries that result in death. Wrongful death suits often result from fatalities caused by medical devices and pharmaceutical drugs.

Who Can File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, only the personal representative of the deceased’s estate has the authority to file a wrongful death claim. This individual acts on behalf of the deceased’s beneficiaries, who may include:

• The spouse and children of the deceased
• The parents, if there is no surviving spouse or children
• The deceased’s heirs, as determined by South Carolina’s intestate succession laws, if no spouse, children, or parents survive

The personal representative is usually a spouse or someone named in the deceased’s will. The probate court appoints someone to represent your family’s interests if none is named. A skilled wrongful death attorney can help your family through this process, ensuring the claim is filed correctly and informing all beneficiaries of their rights.

What Damages Can Your Family Recover in a Wrongful Death Claim?

Losing a loved one is a life-changing tragedy, and a wrongful death lawsuit can provide a way for families to seek financial relief and address the emotional toll of their loss. Families may be able to recover damages such as:

Damages	Description
Medical Expenses	Covers the cost of medical care provided to the deceased before their passing, including hospital stays, treatments, and medications.
Funeral and Burial Costs	Includes expenses for funeral services, burial, or cremation to honor the deceased.
Lost Income and Support Services	Compensates for the income the deceased would have provided and the value of household contributions, such as childcare or caregiving.
Loss of Companionship	Reflects the emotional loss of the deceased’s presence, guidance, and relationship.
Pain and Suffering	Addresses the emotional distress and anguish experienced by the surviving family members.
Punitive Damages	In cases of extreme misconduct, these damages punish the responsible party and discourage similar actions in the future.

Filing a Wrongful Death Claim in South Carolina

Filing a wrongful death claim can feel overwhelming, but knowing what to expect can help you honor your loved one’s memory and seek accountability from those responsible. Here are the steps to file a claim:

• Meet with an attorney. Set up a free consultation with an experienced wrongful death attorney. They can review your case, help you understand your rights, and build the legal foundation for your claim.

• Gather evidence. Work with your attorney to collect critical evidence for your case. This includes medical records, accident reports, photos, and witness statements that demonstrate how the other party’s actions caused your loved one’s death.

• Engage in settlement negotiations. Many wrongful death claims are resolved through discussions with the responsible party’s insurance company. Your attorney will work to secure a settlement that addresses your family’s financial and emotional losses, helping you avoid the added stress of going to court.

• Prepare for trial, if needed. If a settlement isn’t reached, your case may proceed to trial, where a jury will determine the damage award. Your attorney will present evidence, call expert witnesses, and argue for the compensation your family deserves.

Why You Need a Wrongful Death Lawyer

Wrongful death cases are legally complex, requiring families to show that another party’s negligence or misconduct caused their loved one’s death. This means proving liability, calculating damages, and following strict court procedures—all while coping with the emotional weight of the loss.

At Berly Rouse, our attorneys handle the legal process, giving you and your family the space to focus on healing. We can provide:

• A detailed case evaluation to determine liability and damages
• Skilled collection and analysis of evidence, including testimony
• Negotiation with insurance companies for fair settlements
• Strong representation in court when needed
• Compassionate guidance and support for your family throughout the process

Get Trusted Legal Support for Your Family’s Claim

Filing a wrongful death claim is about more than financial compensation—it’s about holding negligent parties accountable and preserving the memory of your loved one. If you’ve lost someone due to another’s actions, a qualified wrongful death attorney from Berly Rouse can guide you through the process and fight for the financial compensation your family deserves.

We have years of experience handling wrongful death cases, including those caused by medical malpractice, auto collisions, and harmful consumer products. Our team will provide the support your family needs and pursue maximum damages on your behalf. Contact our team today for a free consultation. We can discuss your case and help you determine the steps to take to rebuild your family’s future.

Categories: Wrongful Death