Roden Law represents families who have lost a loved one to another’s negligence in Charleston, South Carolina and throughout the Lowcountry — Mount Pleasant, Summerville, Goose Creek, and the peninsula. We handle every wrongful death claim on a contingency fee basis: you pay nothing unless we win. Roden Law has recovered more than $300 million for injured clients and grieving families across Georgia and South Carolina and holds a 4.9-star average from hundreds of client reviews. Call (843) 790-8999 for a free, confidential and compassionate case review.
Why Choose Roden Law for a Charleston Wrongful Death Claim
Losing a family member to a preventable death is devastating, and the last thing you should have to fight is an insurance company. What separates Roden Law is direct attorney involvement and the resources to fully investigate how and why your loved one died — from crash reconstruction to hospital records. Our office at 127 King Street sits on the Charleston peninsula, minutes from the Charleston County Circuit Court, so the estate’s claim is handled locally and without delay.
- No fee unless we win — free consultation and no out-of-pocket cost to pursue the claim.
- We handle the estate paperwork — we help the personal representative bring the claim so the family can grieve.
- Trial-ready — we prepare every claim for the Charleston County Circuit Court, which is what moves insurers to pay full value.
Charleston Wrongful Death Cases We Handle
Fatal-injury claims in the Lowcountry most often arise from:
- Fatal traffic and truck crashes on I-526, the Ravenel Bridge, US-17, and I-26.
- Pedestrian and bicycle fatalities on the peninsula and busy Mount Pleasant corridors.
- Medical negligence deaths at area hospitals and surgical centers.
- Workplace and construction fatalities, including port and industrial incidents.
- Drowning, boating, and premises-related deaths in a coastal region with heavy tourism.
South Carolina Wrongful Death Law: What Charleston Families Need to Know
The Personal Representative Brings the Claim
In South Carolina, a wrongful death action is brought by the estate’s personal representative under S.C. Code § 15-51-20 for the benefit of the statutory beneficiaries, in order: the spouse and children first, then the parents, then the other heirs. Recovery includes lost financial support, the loss of the deceased’s companionship and society, the survivors’ mental anguish and grief, and funeral and burial expenses.
The Survival Action Is Separate
A distinct survival action under S.C. Code § 15-5-90 lets the estate recover for what your loved one personally endured before death — their conscious pain and suffering and their pre-death medical bills. The two claims are usually pursued together.
Deadline and Damages
The wrongful death statute of limitations is three years from the date of death under S.C. Code § 15-3-530. South Carolina places no cap on wrongful death damages in ordinary cases — with two exceptions: a government defendant is limited under the South Carolina Tort Claims Act ($300,000 per person / $600,000 per occurrence), and a death caused by medical malpractice is subject to the § 15-32-220 non-economic cap. Punitive damages are available where the conduct was reckless or willful.
