What Damages Can Be Recovered in a South Carolina Wrongful Death Case?
Wrongful DeathWhen an elder person dies because of someone else’s negligence or wrongful conduct, South Carolina law allows surviving family members to pursue compensation through a wrongful death claim. Damages that may be recovered include financial losses like medical bills and lost income, as well as non-economic losses such as grief, mental anguish, and loss of companionship. In certain cases involving especially reckless conduct, punitive damages may also be available. Speaking with a wrongful death attorney as early as possible can help families understand what they may be entitled to and how the process works. Every case is unique, and the specific damages available depend on the facts and circumstances involved.
Losing someone because of another party’s carelessness is one of the hardest things a family can face. At Hughey Law Firm, we are here to help you understand your options and remain calm during an incredibly difficult time.
Key Takeaways
- South Carolina wrongful death claims may allow surviving family members to recover both economic and non-economic damages.
- Recoverable losses can include medical expenses, funeral costs, lost income, grief, and loss of companionship.
- Punitive damages may be pursued when the responsible party’s conduct was especially reckless or intentional.
- South Carolina’s wrongful death statute has specific filing deadlines that families should not ignore.
- A wrongful death attorney can help identify which damages apply and guide families through the legal process.
Who can file a wrongful death claim in South Carolina?
In South Carolina, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. Many families are surprised by this distinction because you cannot file the claim individually, even as a spouse or child. Instead, the personal representative, sometimes called an executor, brings the lawsuit on behalf of the estate and the surviving beneficiaries. If no personal representative has been appointed, the court can appoint one. Any compensation recovered is then distributed to the deceased person’s statutory beneficiaries, who are typically a spouse, children, and, in some cases, parents or other heirs, depending on the specific family structure.
South Carolina Code Section 15-51-10 governs wrongful death claims in the state. One of the first things a wrongful death attorney will walk you through is understanding who qualifies and how the process works. Hughey Law Firm has the best team for your needs.
What economic and non-economic damages may be recovered?
Economic damages for wrongful death
Economic damages refer to the financial losses that follow a loved one’s death. These are the costs a family is left to carry, and they can often be supported by records and documentation. In many wrongful death cases, they make up a significant part of the claim. The types of losses that may be considered include the following:
- Medical expenses are often one of the first burdens families face. If your parent or family member was rushed to MUSC or Roper St. Francis with critical injuries after a collision on I-26 and received treatment for days or weeks before passing, those hospital bills, surgical costs, and intensive care expenses may be recoverable.
- Funeral and burial expenses can also be included. Saying goodbye is already difficult, and the cost of laying someone to rest can add another layer of stress during an already overwhelming time.
- Lost income and future earnings reflect what your family member would likely have contributed over time. Courts may look at factors like age, occupation, and earning history. When a household loses someone who helped support it financially, the impact can be significant and long-lasting.
- The value of the support they provided at home may also be considered. Everyday responsibilities like caring for children, preparing meals, maintaining the home, or managing finances all carry real value. When that support is suddenly gone, families often feel both the emotional and practical weight of that loss.
Non-economic damages for wrongful death
On the other hand, non-economic damages account for the losses that cannot be measured in bills or receipts, but are often the most painful part of a wrongful death case. South Carolina law recognizes that losing a loved one creates harm that goes far beyond financial strain.
- Mental anguish and grief are among the most significant of these losses. Surviving spouses, children, and other beneficiaries may be able to seek compensation for the emotional pain, sorrow, and psychological distress that follow a sudden loss. These are not abstract concepts. They reflect how grief can affect sleep, routines, relationships, and every aspect of daily life.
- Loss of companionship speaks to the relationship that has been taken away. A spouse loses a partner and shared life. Children lose a parent who would have been there for milestones, quiet moments, and everything in between. Parents who lose a child experience a loss that cannot be replaced or repaired. Courts in South Carolina recognize the weight of these relationships.
- Loss of consortium may also be available to surviving spouses. This refers to the loss of the marital relationship, including emotional support, intimacy, and partnership.
In some cases, the deceased person’s own pain and suffering before death may also be addressed through a separate survival action. This claim is different from wrongful death, but the two are often filed together. One of our attorneys can help explain how they work alongside one another and what may apply in a specific case.
When can punitive damages be awarded in a wrongful death case?
Punitive damages may be available in cases where the conduct that resulted in a person’s death was particularly reckless, intentional, or harmful. According to South Carolina law, these damages are intended for situations that go beyond ordinary negligence and reflect behavior that is particularly dangerous or careless.
In a wrongful death case, this could include a commercial truck driver operating a vehicle while impaired, a nursing home ignoring known safety violations that endanger residents, or a drunk driver causing a fatal collision on US-17 after previous DUI offenses.
However, these cases are not about assigning punitive damages in every situation. They are reserved for conduct that shows a serious disregard for the safety of others. When awarded, they hold that behavior accountable and discourage similar actions in the future.
Past results do not guarantee future outcomes.
How long does a family have to file?
South Carolina’s wrongful death statute generally requires that a claim be filed within three years of the date of death, but the deadline can vary depending on the circumstances.
Certain exceptions may apply, and some situations, particularly those involving government entities, carry shorter deadlines. We know that waiting too long can permanently affect a family’s ability to pursue any recovery at all.
Because these timelines are strict, consulting a wrongful death attorney as soon as possible after a loss is strongly advisable. Start the conversation with us by calling (843) 881-8644 for a free consultation or filling out our contact form today.
You deserve clear answers after a painful loss
No amount of compensation can undo what your family has been through. A wrongful death claim is about accountability, financial stability, and making sure the people responsible face real consequences. Our team at Hughey Law Firm has helped families across Charleston, Mt. Pleasant, Summerville, and throughout South Carolina navigate this process, recovering over $300 million in verdicts and settlements for those we have represented.
Call (843) 881-8644 for a free consultation, fill out our contact form, or connect with our team through live chat. We’re here when you’re ready.
Frequently Asked Questions
Does South Carolina cap wrongful death damages?
South Carolina does not currently cap compensatory damages in most wrongful death cases. Punitive damages, however, are subject to certain limitations under state law. One of our attorneys can explain how these rules apply to your specific situation.
Can a wrongful death claim be filed if a criminal case is also pending?
Yes. A wrongful death claim is a civil matter, separate from any criminal prosecution. The outcomes of criminal proceedings do not prevent a family from pursuing a civil claim, and the standards of proof are different in each proceeding.
What if the responsible party does not have enough insurance?
An attorney will investigate all available sources of recovery, which may include the at-fault party’s insurance, umbrella policies, employer coverage in cases involving commercial vehicles, or underinsured motorist coverage depending on the situation.
How long does a wrongful death case take to resolve?
Every case is different. Some claims are resolved through settlement in months, while others proceed to trial and take longer. An attorney can give your family a clearer picture once the facts of the case are evaluated.
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 referenced reflects general South Carolina law and 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.
Nathan Hughey, an attorney and fourth-generation South Carolinian, founded Hughey Law Firm in 2007. Before that, he spent five years defending nursing homes and insurance companies. Leveraging his experience, he now advocates for those injured or wronged by such entities, securing over $300 million in verdicts and settlements.