Missing Someone You Love? A South Carolina Wrongful Death Lawyer Explains Your Rights After a Tragic Loss
Losing a loved one is never easy, but when that loss is caused by someone else’s negligence or reckless actions, the pain can be compounded by feelings of injustice. At Hammack Law Firm, we believe that putting the personal back in personal injury means standing beside grieving families and fighting for the compensation they deserve.
If you have lost a family member due to someone else’s carelessness, understanding your legal rights is the first step toward holding the responsible party accountable. This guide explains how wrongful death claims work in South Carolina, who can file, what damages are available, and how an experienced attorney can help.
If you have lost a loved one and need to speak with someone who understands what you are going through, call (864) 326-3333 for a free, no-obligation consultation.
What Does the Term “Wrongful Death” Mean in South Carolina?
As the name suggests, wrongful death is caused by the “wrongful” actions of another party which includes deliberate, reckless, or negligent behavior. While any type of fatal accident can involve a wrongful death, the most common cases involve auto, truck, and motorcycle accidents, as well as medical malpractice, nursing home abuse, and criminal acts.
Under South Carolina law (S.C. Code Ann. § 15-51-10), a wrongful death occurs when the death of a person is caused by the wrongful act, neglect, or default of another, and the act would have entitled the injured person to maintain an action for damages if death had not ensued. In simpler terms, if the deceased person could have sued the at-fault party for their injuries had they survived, their family can pursue a wrongful death claim. If the accident occurred in Greenville, review our Greenville wrongful death practice page for location-specific information.
Common Causes of Wrongful Death in South Carolina
Wrongful death claims arise from a wide range of accidents and incidents. Some of the most common causes include:
- Car and truck accidents: Collisions caused by distracted driving, drunk driving, speeding, or truck driver fatigue are leading causes of wrongful death in SC.
- Medical malpractice: Misdiagnosis, surgical errors, medication mistakes, and birth injuries can all result in preventable deaths.
- Nursing home abuse and neglect: Falls, medication errors, malnutrition, and untreated infections in nursing homes can be fatal.
- Workplace accidents: Construction site accidents, industrial incidents, and exposure to toxic substances can lead to wrongful death claims.
- Pedestrian and bicycle accidents: Drivers who fail to yield or obey traffic laws can cause fatal accidents involving pedestrians and cyclists.
- Product liability: Defective products, including faulty vehicle parts and dangerous medications, can cause fatal injuries.
Each type of claim involves different legal considerations, which is why working with an attorney who understands South Carolina’s specific laws is essential.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, a wrongful death claim can only be filed by a personal representative appointed to administer the deceased person’s estate. As long as the victim has a will, a personal representative has already been named. However, if the victim of the accident does not have a will, then the victim’s family will need to have a personal representative appointed by the probate court. Once the personal representative is identified, they can then file suit on behalf of the victim’s estate and the statutory beneficiaries.
The damages recovered in a wrongful death claim are distributed to the deceased person’s statutory beneficiaries. Under South Carolina law, these beneficiaries include the surviving spouse, children, parents, and in some cases, other heirs. If you are unsure whether you qualify as a beneficiary, an attorney at Hammack Law Firm can review your situation and explain your rights.
For a more detailed breakdown of who can bring a claim, read our guide on who can file a wrongful death claim in South Carolina.
Who Is Awarded Damages in a Wrongful Death Claim?
Death settlements in South Carolina are divided equally among family members, regardless of what is established in the victim’s will. This means that if a claim is successfully made, half of the compensation will go to the spouse of the victim and the other half will be split equally amongst their children. If the victim has no living spouse, then the compensation will be awarded to their children. If the victim has neither a spouse nor children, compensation is split among the victim’s parents (so long as each parent supported the victim during their childhood).
What Are the Possible Damages in a Wrongful Death Claim?
Each wrongful death case is unique as each victim leaves behind highly personal relationships and property. Settlements attempt to compensate loved ones for the financial costs caused by the death.
Common damages include:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost wages and lost future earnings
- Lost benefits, including retirement and health benefits
- Pain and suffering endured by the deceased before death
- Loss of love, companionship, care, and support
- Loss of services and guidance
- Loss of inheritance
- Property damage if applicable
- Punitive damages in cases of especially reckless conduct
In addition to these damages, compensation can also include interest payments starting at the time of the victim’s death. Presenting damages to the court is a difficult, tiring, and highly technical process. At Hammack Law Firm, our attorneys will always do the heavy lifting for you, taking time to investigate the claims thoroughly to ensure the emotional and financial costs of your loss are fully considered.
Understanding what types of compensation may be available can help you plan ahead. For a closer look at the compensation categories available, call (864) 326-3333 to speak with our team.
What Is the Timeline for a Wrongful Death Claim in South Carolina?
The timeline for a wrongful death claim depends on several factors, including the complexity of the case, the willingness of the insurance company to negotiate, and the court’s schedule. Generally, the process follows these stages:
- Initial investigation (1-3 months): Your attorney gathers evidence, reviews medical records, and identifies all potentially liable parties.
- Demand and negotiation (2-6 months): A demand letter is sent to the insurance company, and negotiations begin to reach a settlement.
- Lawsuit filing (if needed): If a settlement cannot be reached, a lawsuit is filed, and the case enters the litigation phase.
- Discovery and preparation (6-18 months): Both sides exchange information, take depositions, and prepare for trial.
- Trial or settlement: The case either settles before trial or proceeds to a jury verdict.
Some wrongful death cases resolve in a matter of months, while others may take several years. Your attorney at Hammack Law Firm will keep you informed throughout the process and work to achieve the best possible outcome as efficiently as possible.
How Does a Wrongful Death Attorney Investigate Your Case?
A thorough investigation is the foundation of a strong wrongful death claim. Our attorneys will take the following steps to build your case:
- Review all available medical records and autopsy reports
- Obtain police reports and accident reconstruction data
- Interview witnesses and gather sworn statements
- Consult with medical experts, accident reconstruction specialists, and economists
- Obtain employment and earnings records to calculate lost income
- Review insurance policies to identify all available coverage
- Investigate the at-fault party’s history of similar incidents
This comprehensive approach ensures that no stone is left unturned and that your family receives the full compensation you are entitled to under South Carolina law.
Who Can Be Found Responsible for Wrongful Death?
Wrongful death claims can be filed against a number of different parties – ranging from individuals to companies and their employees to entire governmental organizations. There are many possible angles to take when addressing the cause of an accident in order to determine who is at fault. Poor road conditions, misplaced signs, defective vehicle parts, or an employer’s actions can all be contributing factors to a single incident. The list goes on and on. Many previously successful cases have found architects, engineers, manufacturers, distributors, and even federal agents to be responsible for the loss of life.
Determining the correct defendant(s) is a critical part of any wrongful death case. An experienced attorney at Hammack Law Firm will conduct a thorough investigation to identify every potentially liable party and ensure they are held accountable.
How Do I Prove Wrongful Death in South Carolina?
A wrongful death suit does not qualify as a criminal case which means that there is much less proof needed to win a case. To ensure you win a suit, it is essential to present significant evidence to the court so that the other party is found at fault by a preponderance of the evidence. Additionally, it is important to remember that insurance companies will do everything in their power to avoid losing money – which means that they will fight hard so that they do not have to compensate you for your loss. Having a professional to advocate for your rights is important if you wish to receive a maximum settlement.
For more information on the statute of limitations that applies to your claim, visit our detailed guide on wrongful death statute of limitations in SC.
How Long Do I Have to File a Wrongful Death Claim in South Carolina?
In South Carolina, wrongful death claims against non-governmental defendants must be made within 3 years of the death’s occurrence. If the suit is against a governmental defendant (hospitals, police departments, public agencies, etc) it must be filed within 2 years.
These deadlines are strict, and failing to file within the applicable time limit will almost certainly result in your claim being dismissed. If you believe you have a wrongful death claim, do not wait to contact an attorney.
At Hammack Law Firm, we understand the importance of acting quickly. Call (864) 326-3333 today to schedule your free consultation.
Should I Reach Out to a Wrongful Death Lawyer?
You have nothing to lose. Talking to an attorney from Hammack Law Firm is completely free of charge and comes with zero obligations. The loss of a loved one is a devastating experience – let us help to make sure you avoid any additional financial or emotional burdens.
If you would like to learn more about wrongful death claims in your area, our guide on finding a wrongful death lawyer in Anderson, SC provides helpful local information.
Frequently Asked Questions
What is the definition of wrongful death in South Carolina?
Under South Carolina law, wrongful death is a death caused by the wrongful act, neglect, or default of another person or entity. If the deceased person could have filed a personal injury lawsuit had they survived, their family can pursue a wrongful death claim. If the accident occurred in Greenville, review our Greenville wrongful death practice page for location-specific information.
Who can file a wrongful death claim in SC?
A personal representative of the deceased person’s estate files the claim on behalf of the statutory beneficiaries. The beneficiaries include the surviving spouse, children, parents, and in some cases, other heirs.
What damages can I recover in a wrongful death claim?
Damages may include funeral expenses, medical bills, lost wages and future earnings, loss of companionship and support, pain and suffering, and punitive damages in cases of particularly reckless conduct.
What is the statute of limitations for wrongful death in South Carolina?
Claims against non-governmental defendants must be filed within three years. Claims against governmental defendants must be filed within two years.
Do I need a lawyer for a wrongful death claim?
While not legally required, working with an experienced wrongful death attorney significantly improves your chances of receiving fair compensation. Insurance companies have legal teams dedicated to minimizing payouts, and having skilled legal representation levels the playing field.
Contact Hammack Law Firm Today
At Hammack Law Firm, we understand that no amount of money can replace a loved one. But pursuing a wrongful death claim can provide the financial stability your family needs to move forward and hold the responsible party accountable. Our team is here to guide you through every step of the process with compassion and determination.
Call (864) 326-3333 or contact us online today to schedule your free, confidential consultation.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
