What Is a Wrongful Death Case in Charleston, SC?

Lost a loved one to someone else's negligence in Charleston? Roden Law's King Street lawyers handle South Carolina wrongful death claims. Free consultation, no fee unless we win.

— Reviewed by Graeham C. Gillin, Partner, COO at Roden Law ·

Key Takeaways

In South Carolina, a wrongful death claim is brought by the estate's personal representative for the benefit of the spouse and children, or if there are none, the parents, or if none, the heirs (S.C. Code § 15-51-20). It generally must be filed within three years (S.C. Code § 15-3-530), or within two years if a government entity is responsible, three if a verified claim is filed with the agency within one year (S.C. Code §§ 15-78-110, 15-78-80). A separate survival action lets the estate pursue the person's own claim (S.C. Code § 15-5-90), and punitive damages are possible when the conduct was reckless, wilful or malicious (S.C. Code § 15-51-40). Roden Law's Charleston office at 127 King Street handles wrongful death cases on contingency: the consultation is free and there is no fee unless we win.

Visit Our Charleston Office

Roden Law — Charleston 127 King Street, Suite 200, Charleston, SC 29401
(843) 790-8999 Get Directions

Getting here: Our Charleston office is downtown at 127 King Street, Suite 200, between Broad and Queen streets, about a block from the Charleston County Judicial Center. From I-26 East, take Exit 221B onto Meeting Street heading south toward Broad Street. From Mount Pleasant, cross the Ravenel Bridge and follow US-17 S to the Meeting Street exit. Street and garage parking available nearby.

Why Families Choose Roden Law After a Death in Charleston

Losing someone because of another person’s carelessness is devastating, and a wrongful death claim should not add to the burden. We handle the legal work, including helping the estate’s personal representative bring the claim, so the family can focus on each other.

  • No fee unless we win. The consultation is free, and the family pays nothing up front.
  • A South Carolina lawyer on the case. The claim is handled under South Carolina law by attorneys licensed here, from our office at 127 King Street.
  • A full investigation. Crash reports, video, medical records and witness accounts, gathered before they are lost.
  • Both claims pursued together. The wrongful death action for the family and the survival action for the person’s own claim.

Deaths We See in Charleston Cases

A wrongful death claim can arise from any fatal injury caused by someone else’s negligence, including:

South Carolina Wrongful Death Law

Who brings the claim

When a death is caused by someone else’s wrongful act or negligence, the person responsible can be sued just as if the injured person had lived (S.C. Code § 15-51-10). The claim is brought by the estate’s personal representative, the executor or administrator, for the benefit of the spouse and children; if there are none, the parents; and if there are none, the heirs (S.C. Code § 15-51-20).

Two claims: wrongful death and survival

The wrongful death action compensates the family for the loss the death caused them. Separately, the person’s own claim for their injuries survives their death and can be brought by the estate (S.C. Code § 15-5-90). The two are usually pursued together.

Damages

The jury awards damages in proportion to the loss the death caused each family member, and may add punitive damages when the conduct was reckless, wilful or malicious. The recovery is divided among the family as it would be under the intestacy rules (S.C. Code § 15-51-40). Punitive damages must be proved by clear and convincing evidence (S.C. Code § 15-33-135).

Deadlines

A wrongful death lawsuit generally must be filed within three years (S.C. Code § 15-3-530). If a government entity is responsible, the South Carolina Tort Claims Act applies: suit must be filed within two years, or three years if a verified claim is filed with the agency within one year, and recovery is capped at $300,000 per person and $600,000 per occurrence (S.C. Code §§ 15-78-110, 15-78-80, 15-78-120). If the death was caused by medical malpractice, a Notice of Intent and a qualified expert\’s affidavit must be filed before suit (S.C. Code §§ 15-79-125, 15-36-100), the deadline may run from the treatment rather than the death, with a six-year outer limit (S.C. Code § 15-3-545), and noneconomic damages are generally capped (S.C. Code § 15-32-220).

Where the case would be filed

Most Charleston County wrongful death lawsuits are filed in the Court of Common Pleas at the Charleston County Judicial Center, 100 Broad Street. For more, see our South Carolina wrongful death lawyers and what a South Carolina wrongful death case is worth.

Serving all of South Carolina: see our statewide South Carolina Wrongful Death Lawyers page for South Carolina’s filing deadline, comparative-fault rule, and how these cases work across the state.

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What to Do After a Fatal Accident in Charleston, SC

  1. Take care of your family first. Nothing below is more urgent than that. The steps that follow exist so that decisions made in the first weeks do not quietly cost you later.
  2. Do not let anything be repaired, scrapped, or thrown away. The vehicle, the equipment, the product, clothing, and personal effects are evidence. Insurers move quickly to total and dispose of vehicles — say no in writing until it has been examined.
  3. Request the official reports. The police or incident report, and the autopsy or medical examiner's report. Ask for the complete file, including photographs, rather than the summary page.
  4. Be careful with early insurance contact. An offer that arrives before anyone knows the full picture is not generosity. Do not give a recorded statement, sign a release, or cash a settlement check without advice.
  5. Find out who is legally entitled to bring the claim. It is not simply whoever was closest. In South Carolina the personal representative of the estate brings the claim, for the spouse and children, then the parents, then the heirs (S.C. Code § 15-51-20) — which means opening an estate first. Getting this wrong wastes months.
  6. Keep the financial records. Pay records, benefits statements, and tax returns establish what the family lost. Funeral and medical bills belong in the file too.
  7. Speak with an attorney before the deadline runs. In South Carolina the deadline is generally three years (S.C. Code § 15-3-530), and separate claims may belong to the estate and to the family. Roden Law offers free, no-obligation consultations.

South Carolina Wrongful Death Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — no recovery if the person who died was more than 50% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991))

Types of Wrongful Death Cases We Handle in Charleston

Drowning and Swimming Pool Death Lawyers → Fatal Car Accident Lawyers → Medical Malpractice Death Lawyers → Nursing Home Wrongful Death Lawyers → Pedestrian and Cyclist Fatality Lawyers → Workplace Fatality Lawyers →

Filing a Personal Injury Case in Charleston

A personal injury case from downtown Charleston is usually filed in the Charleston County Court of Common Pleas at 100 Broad Street, through the South Carolina Judicial Branch’s e-filing system. Most contested cases go to mediation under the South Carolina ADR Rules before trial.

Charleston’s peninsula geography concentrates risk on a few well-known corridors: the Crosstown (US-17 / Septima P. Clark Parkway), the Arthur Ravenel Jr. Bridge to Mount Pleasant, and the dense tourist grid around King and Market Streets, where rideshare drop-offs and carriage tours mix with out-of-state drivers. Serious-injury patients from peninsula crashes are typically taken to MUSC Health University Medical Center (171 Ashley Ave), an adult and pediatric Level I trauma center.

Under South Carolina law, a wrongful death suit generally must be filed within 3 years (S.C. Code § 15-3-530), and the family can recover only if the person who died was less than 51% at fault.

Do I Have a Wrongful Death Case in Charleston?

A death caused by someone else’s negligence can support a wrongful-death action for the family and a separate survival action for the claim the person had before death. In South Carolina, the estate’s personal representative (executor or administrator) brings the wrongful-death action for the spouse and children, or if there are none, the parents, or if none, the heirs (S.C. Code §§ 15-51-10, 15-51-20). It generally must be filed within three years (S.C. Code § 15-3-530). The underlying negligence — a crash, medical negligence, a defective product — must still be proved.

Types of Compensation in South Carolina Wrongful Death Cases

In South Carolina, the jury awards damages in proportion to the loss the death caused each family member, and may add punitive damages when the conduct was reckless, wilful or malicious. The recovery is divided as it would be under the intestacy rules (S.C. Code § 15-51-40). Separately, the person’s own claim for their injuries survives their death and can be brought by the estate (S.C. Code § 15-5-90).

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Charleston Wrongful Death Lawyers Results at a Glance

$300M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating across 170+ verified Google reviews from our six offices
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 6 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated August 2026.

Our Charleston Attorneys

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO Charleston, SC
Nolan Alexander, Of Counsel at Roden Law

Nolan Alexander

Of Counsel Charleston, SC

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
Verdict $10,860,000 $10,860,000 Verdict | Product Liability
Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

South Carolina Wrongful Death Resources

South Carolina Moped Laws: License, Registration, Helmets, and What Happens After a Crash → South Carolina Golf Cart Laws: Permits, Where You Can Drive, Who Can Drive, and What Changed in 2025 → South Carolina Helmet Laws: Who Has to Wear One, and What It Means for Your Injury Claim → What South Carolina’s 2026 Liquor Liability Law Changed →

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Charleston Office Today

If you lost a loved one in Charleston because of someone else’s negligence, contact us for a free, confidential review. Call (843) 790-8999 — no upfront cost.

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