Wrongful Death Lawyer in South Carolina

Only the personal representative (executor or administrator) of the deceased's estate, under S.C. Code § 15-51-20. A surviving spouse, parent, or child cannot file the lawsuit in their own name — even if they are the sole beneficiary. If no estate has been opened, someone must petition the probate court for letters of administration before the suit can be filed. The beneficiary hierarchy under § 15-51-20 is: (1) surviving spouse and children, (2) parents if no spouse or children, (3) heirs at law. Delay in probate appointment consumes time from the three-year statute of limitations.

Three years from the date of death under S.C. Code Ann. § 15-3-530. The wrongful death chapter (§§ 15-51-10 to 15-51-60) does not restate the SOL separately — the general personal injury limitations period applies. If a government entity or employee caused the death, the South Carolina Tort Claims Act (S.C. Code § 15-78-80) imposes a one-year notice requirement and shorter filing deadlines. The clock runs from the date of death, not the date of the accident — an important distinction when the victim survives for a period before dying.

Yes. S.C. Code § 15-51-40 expressly authorizes 'exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice.' This makes South Carolina more plaintiff-favorable than most states, which either prohibit or cap punitive damages in wrongful death actions. Cases involving drunk driving, extreme speeding, trucking hours-of-service violations, or willful property maintenance failures are strong candidates for punitive damages. The recklessness/willfulness finding also triggers the joint and several liability exception under S.C. Code § 15-38-15, meaning one defendant can be held liable for the full verdict rather than just their proportionate share.

S.C. Code § 15-51-40 authorizes damages including exemplary (punitive) damages for reckless, willful, or malicious conduct. Recoverable damages typically include lost earnings and earning capacity, loss of financial support, funeral and burial expenses, and medical expenses incurred between injury and death. The statute does not separately enumerate noneconomic categories like mental anguish or loss of society — these are developed through South Carolina case law. Damages are distributed to statutory beneficiaries (spouse, children, parents, heirs at law) following intestacy shares under § 15-51-20.

The same modified comparative fault rule under S.C. Code § 15-38-15 applies. If the decedent's own negligence is found to exceed 50%, the estate recovers zero. This is particularly dangerous in wrongful death cases because the decedent cannot testify to explain their actions. Defense attorneys will focus on speed, seatbelt nonuse, impairment, traffic violations, and any contributing behavior by the decedent. The plaintiff's case depends entirely on physical evidence, witness testimony, and expert accident reconstruction. A local wrongful death attorney builds the evidence to keep the decedent's fault percentage below the 51% threshold.

Yes. S.C. Code § 15-5-90 provides for survival of personal injury actions — meaning the decedent's own claim for pain, suffering, and damages between the injury and death survives and can be pursued by the estate. This is separate from the wrongful death claim under §§ 15-51-10 et seq., which compensates the beneficiaries for their losses. In practice, a South Carolina wrongful death attorney files both actions — the survival claim for the decedent's pre-death damages and the wrongful death claim for the beneficiaries' losses — to maximize total recovery.