What Is the Statute of Limitations for Wrongful Death in South Carolina?

Losing a loved one due to someone else’s negligence or wrongdoing is devastating. On top of the emotional toll, you may also face financial burdens, unanswered questions, and the need to seek justice. If you’re considering a wrongful death lawsuit in South Carolina, it’s important to understand the legal deadlines that apply. The statute of limitations for wrongful death dictates how long you have to file a claim, and missing this deadline can prevent you from holding the responsible party accountable.

Before taking legal action, it’s essential to understand how South Carolina law sets time limits on wrongful death claims. Knowing these deadlines can help you protect your rights and take the necessary steps to seek justice for your loved one.

How Long Do You Have to File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, the statute of limitations for wrongful death lawsuits is three years from the date of your loved one’s passing. This means you must file a lawsuit within this timeframe, or the court will likely dismiss your case. The law is strict on this deadline, and once the three years pass, you may lose the opportunity to seek compensation, no matter how strong your case may be.

You can find the legal statute governing wrongful death cases in South Carolina under S.C. Code § 15-3-530(6).

Are There Any Exceptions to the Three-Year Rule?

While the three-year statute of limitations applies to most wrongful death cases, there are a few exceptions that can shorten or extend the filing deadline:

Cases Involving Government Entities: A Two-Year Deadline

If a wrongful death claim involves a government entity—for example, if your loved one was killed due to the negligence of a state-run hospital or a government employee—the time limit is only two years. This shorter deadline applies under South Carolina’s Tort Claims Act, which governs lawsuits against state and local government agencies.

Medical Malpractice Wrongful Death Claims

When a wrongful death results from medical malpractice, the timeline can vary. South Carolina law allows the statute of limitations to start from the date the malpractice was discovered (or should have reasonably been discovered). However, even with delayed discovery, a wrongful death claim cannot be filed more than six years from the date of the alleged malpractice.

Tolling the Statute of Limitations

In rare cases, the statute of limitations may be “tolled” or paused. Some potential reasons include:

• The Plaintiff Is a Minor: If the only person eligible to file a wrongful death claim is under 18, the statute of limitations may be delayed until they reach legal adulthood.
• Fraud or Concealment: If the responsible party deliberately concealed evidence of their wrongdoing, the court may extend the filing deadline.
• Mental Incapacity: If the personal representative of the deceased’s estate is deemed mentally incapable of managing legal matters, the deadline may be extended.

Who Can File a Wrongful Death Lawsuit in South Carolina?

South Carolina law requires that only the executor or administrator of the deceased person’s estate can file a wrongful death lawsuit. This person is often named in the deceased’s will, but if no will exists, the court may appoint someone—often a spouse or close family member—to act as the personal representative.

Although the personal representative is responsible for filing the lawsuit, any damages recovered will be distributed to the deceased’s beneficiaries, which typically include:

• The spouse and children of the deceased
• If there is no spouse or children, the deceased’s parents
• If the deceased has no living parents, other heirs of the estate

What Damages Can Be Recovered in a Wrongful Death Claim?

A wrongful death lawsuit seeks to compensate surviving family members for the financial and emotional hardships caused by their loved one’s death. Damages may include:

• Medical expenses related to the final injury or illness before death
• Funeral and burial costs
• Loss of financial support, including the deceased’s expected future earnings
• Loss of companionship and emotional support for surviving family members
• Pain and suffering experienced by the deceased before passing

Additionally, in cases involving gross negligence or reckless conduct, the court may award punitive damages to punish the at-fault party.

Why It’s Important to Act Quickly

While three years may sound like a long time, wrongful death cases take time to prepare. Investigations must be conducted, evidence must be gathered, and witnesses must be interviewed. The sooner you take action, the stronger your case may be. Waiting too long can lead to challenges such as:

• Lost or destroyed evidence
• Unreliable witness testimony due to fading memories
• Difficulty tracking down responsible parties if they have relocated or closed their business

Filing a wrongful death lawsuit in South Carolina requires attention to legal deadlines. In most cases, you have three years from the date of your loved one’s death to file a claim, but exceptions exist for government-related cases and medical malpractice claims. Acting promptly allows you to protect your legal rights, build a strong case, and seek justice for your loved one.

If you believe your loved one’s death was caused by negligence, consider speaking with a Greenville wrongful death attorney who can guide you through the process and help you meet all necessary deadlines.

Seeking Justice After a Tragic Loss

Losing a loved one is overwhelming, and the thought of taking legal action may feel like too much to handle. But when someone else’s negligence caused their passing, you shouldn’t have to face the burden alone. Filing a wrongful death claim can provide financial relief and hold the responsible party accountable, but time is limited under South Carolina law.

At Hammack Law Firm, we understand how difficult this time is for you and your family. Our legal team is here to offer guidance and fight for justice on behalf of your loved one. With compassionate legal representation and no upfront fees, you can focus on healing while we handle the legal process.

Your online search for “wrongful death attorneys near me” and a “wrongful death lawyer” brought you to this blog. Take the next step and call Hammack Law Firm today at (864) 326-3333(864) 326-3333 or fill out our confidential online form to schedule your free consultation. Let’s discuss your case and the next steps forward together.

At Hammack Law Firm, our team is trained and experienced to win your case. 

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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