Bereaved Rights

State wrongful death guide

South Carolina Wrongful Death Law Guide

South Carolina wrongful death claims must be filed by the estate’s representative within three years and allow recovery for financial loss, companionship, and mental anguish.

Quick facts for South Carolina

  • Who can file: The wrongful death action must be filed by the executor or administrator of the decedent’s estate. The recovery benefits statutory beneficiaries, typically the spouse and children, or if none exist, the parents or heirs.
  • Deadline to file: Most South Carolina wrongful death claims must be filed within three years of the date of death.
  • Key statute: S.C. Code Ann. § 15-51-10 to 15-51-60

Types of compensation families may pursue

  • Medical expenses
  • Funeral and burial costs
  • Loss of financial support
  • Loss of companionship, comfort, and society
  • Mental shock and grief
  • Punitive damages (if warranted)

South Carolina has no general cap on wrongful death damages. Medical malpractice wrongful death cases are subject to special statutory caps.

South Carolina wrongful death law: a guide for grieving families

South Carolina’s wrongful death law tries to balance both financial and emotional harms after a preventable loss. This guide provides a grounded explanation of how the process works so families can understand their rights without having to navigate legal jargon alone.

1. What counts as wrongful death in South Carolina?

A wrongful death occurs when someone’s wrongful act, neglect, or default causes a person’s death. If the deceased could have sued for injuries had they survived, the estate may file a wrongful death claim.

2. Who files the lawsuit?

Only the executor or administrator of the estate may file.
Family members do not file individually, but they may benefit from any recovery.

3. Who receives damages?

Statutory beneficiaries include:

  • Spouse
  • Children
  • If none exist, parents
  • If none exist, heirs at law

4. What damages can be recovered?

South Carolina allows:

  • Medical and funeral expenses
  • Lost income and financial support
  • Loss of companionship and society
  • Mental shock and grief
  • Punitive damages (in egregious cases)

5. Filing deadline

Most wrongful death cases must be filed:

  • Within three years of the date of death

Disclaimer

This is general information, not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in South Carolina? +

Most wrongful death lawsuits in South Carolina must be filed within three years of the date of death. Filing after the deadline usually prevents the claim from moving forward. This answer is informational only and not legal advice.

What damages are available in a South Carolina wrongful death case? +

South Carolina allows recovery for medical bills, funeral expenses, lost financial support, loss of companionship, and mental shock and grief. Punitive damages may be awarded when the defendant acted recklessly or maliciously. There is no general cap on wrongful death damages, but medical malpractice cases follow special limits. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in South Carolina? +

In South Carolina, only the executor or administrator of the deceased person's estate may file the wrongful death action. While family members do not file individually, they may receive compensation as statutory beneficiaries, such as spouses, children, or parents. This answer is informational only and not legal advice.