Can Families File a Wrongful Death Claim Against an Assisted Living Facility?

Key Takeaways

• South Carolina law allows families to file wrongful death claims against assisted living facilities when negligence contributed to a resident’s death.
• Assisted living facilities carry a legal duty of care to every resident, and violations of that duty can form the basis of a civil claim.
• Wrongful death claims are separate from regulatory complaints to DHEC and serve a different purpose.
• Compensation may be available for medical expenses, funeral costs, grief, loss of companionship, and in some cases punitive damages.
• An assisted living facility lawyer can investigate the circumstances of your loved one’s death and advise your family on available options.

Are Assisted Living Facilities Held to a Legal Standard of Care?

Yes. All licensed assisted living facilities in South Carolina are legally required to provide residents with a defined standard of care that protects their health, safety, and dignity. This is not a vague expectation. The South Carolina Department of Health and Environmental Control licenses and regulates these facilities, and the licenses come with specific requirements regarding staffing ratios, medication management, emergency protocols, resident assessments, and personal care. If a facility fails to meet these requirements and a resident is subsequently harmed or dies, the discrepancy between what was required and what was actually provided can form the basis of a legal claim.

Families sometimes assume that assisted living facilities are less strictly regulated than nursing homes because their residents are typically less medically complex, but this assumption can be costly. Assisted living residents still have documented care plans and staff are required to follow these plans. When the failure to follow these plans results in death, the facility’s legal liability is significant. At Hughey Law Firm, we got the best team to help you and your family.

What Qualifies as a Wrongful Death in an Assisted Living Setting?

A wrongful death in an assisted living facility occurs when a resident dies due to the facility’s negligence, recklessness, or intentional misconduct. This covers a wide range of circumstances, such as:

• For example, a resident with a documented fall risk who was left unsupervised and sustained a fatal head injury. 
• A diabetic resident whose blood sugar was not monitored, resulting in death from a preventable complication. 
• A resident with dementia who wandered out of an unsecured facility and was found near a busy road off US-17. 
• A resident who developed a severe infection because wound care was consistently delayed or skipped. 
• A resident who was physically abused by a staff member and died from the injuries.

These situations have one thing in common: a direct connection between the facility’s failure and the resident’s death. Proving that connection requires evidence, and gathering that evidence early is one of the most important things a family can do.

How Is an Assisted Living Wrongful Death Claim Different From a Nursing Home Claim?

Although the legal framework is similar, the specific regulations, staffing expectations, and care obligations differ between assisted living facilities and nursing homes. In South Carolina, nursing homes are subject to stricter federal oversight under the Nursing Home Reform Act, which establishes minimum standards for facilities that receive Medicare and Medicaid funding. Assisted living facilities are primarily regulated at the state level by the Department of Health and Environmental Control (DHEC). This distinction matters because the specific violations that support a claim may differ depending on the type of facility involved.

An assisted living facility lawyer who understands both regulatory frameworks can determine which standards apply, identify where the facility fell short, and build a claim that reflects the actual obligations in place. Not every attorney who handles personal injury cases has that level of familiarity with elder care regulations, and the difference in outcomes can be significant. The team at Hughey Law Firm is an expert in these matters.

Who Can File a Wrongful Death Claim in South Carolina?

In South Carolina, a wrongful death claim must be filed by the personal representative of the deceased person’s estate, rather than by individual family members acting independently. This representative is sometimes named in a will as an executor or is appointed by a probate court. They bring the lawsuit on behalf of the estate and the statutory beneficiaries. These beneficiaries are usually a surviving spouse, children, and, in certain cases, parents or other heirs. Any compensation recovered is distributed among the beneficiaries according to South Carolina law.

Even if your family has not yet gone through probate, a claim is still possible. An attorney can help your family understand what steps may need to be taken and whether the process can move forward alongside a legal investigation into the facility.

What Compensation May Be Available?

If your family successfully pursues a wrongful death claim against an assisted living facility, you may be able to recover economic and non-economic damages.

• Economic damages include medical expenses incurred by your loved one before their death, funeral and burial costs, and financial contributions that they would have continued to provide to the household had they lived. These are losses that can be documented and quantified.
• Non-economic damages are more extensive. They address the grief and mental anguish that surviving family members experience, as well as the loss of companionship and the absence of a spouse at the dinner table or a grandparent at a graduation. They also address the absence of a parent whose voice you will never hear again in the way you once took for granted. South Carolina courts recognize these losses as real and compensable. They are often the most meaningful part of a wrongful death recovery for the families involved.

When a facility’s conduct is especially reckless or intentional, punitive damages may also be available. However, these are not awarded in every case. For example, if an assisted living facility knowingly ignored safety violations, concealed evidence of abuse, or operated with staffing levels so inadequate that harm was virtually guaranteed, then a punitive damages claim may be supported by the circumstances.

Past results do not guarantee future outcomes.

What Steps Should Families Take After a Suspicious Death?

In the days following a loved one’s death in an assisted living facility, acting quickly and methodically can make a meaningful difference in the strength of a potential claim. Immediately request all medical records and care documentation from the facility, because, under South Carolina law, families are generally entitled to access these records. Obtaining them promptly is important because documentation can be altered or lost over time. Write down everything you remember about your loved one’s condition in the weeks before their death, including any complaints they made, concerns you raised with staff, and any physical or behavioral changes you observed.

If you have not already reported your concerns to the Department of Health and Environmental Control (DHEC), consider doing so. Although a regulatory investigation and a civil wrongful death claim are separate processes, DHEC’s inspection findings and any citations issued against the facility can become valuable evidence in a legal case.

Then, contact an assisted living facility lawyer. This is not because you have to decide right now whether to file a lawsuit, but because the earlier an attorney can review the facts, preserve evidence, and advise your family on options, the stronger your position will be.

Contact Hughey Law Firm and let us handle your case

Deciding to place a loved one in an assisted living facility is one of the most difficult choices a family can make. When that facility fails, you bear the weight of that failure in both practical and deeply personal ways. Families across Charleston, Mt. Pleasant, Goose Creek, and the surrounding areas have turned to Hughey Law Firm when they needed someone to address their concerns, investigate the situation, and pursue accountability when the answers did not align with what the facility wanted them to know. We have recovered over $300 million in verdicts and settlements for the families we have represented, and we bring the same commitment to every case.

Call (843) 881-8644 for a free consultation, fill out our contact form, or connect with our team through live chat. The answers your family deserves are worth pursuing. We are here to help you find them.

Frequently Asked Questions

Disclaimer: This blog post is intended for general informational and educational purposes only and does not constitute legal advice. Every case is different. You should not act or refrain from acting on the basis of this content without consulting a licensed attorney. The statute of limitations for wrongful death claims in South Carolina is generally three years from the date of death but may vary based on individual circumstances. Past results do not guarantee future outcomes. Hughey Law Firm is located at 171 Church Street, Suite 330, Charleston, SC 29401.