A wrongful death claim is a type of civil case. It allows certain close family members to pursue compensation after the death of a loved one. A wrongful death lawsuit is separate from any criminal case proceedings that may arise after someone’s death.
South Carolina law defines wrongful death as one that is “caused by the wrongful act, neglect, or default of another.” The law states that in the case of wrongful death, the at-fault party is liable for the same damages that the deceased would have been eligible to claim through a personal injury lawsuit had he or she survived. A wrongful death claim is a civil lawsuit filed by a personal representative of the estate of the deceased.