What Is a Wrongful Death Lawyers in Columbia, SC Case?

Roden Law represents families who have lost a loved one to another’s negligence in Columbia, South Carolina and throughout the Midlands — Lexington, Irmo, West Columbia, Cayce, and Forest Acres. 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 […]

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

Key Takeaways

If you were injured in a wrongful death in Columbia, South Carolina, you generally have 3 years from the date of injury to file a lawsuit (S.C. Code § 15-3-530). South Carolina follows a modified comparative negligence rule — you can still recover as long as you are Modified — recover if less than 51% at fault, with your award reduced by your percentage of fault. There is no cap on compensatory damages in an ordinary South Carolina injury case. Roden Law represents Columbia injury victims on a contingency fee: the consultation is free and there is no fee unless we win.

Roden Law represents families who have lost a loved one to another’s negligence in Columbia, South Carolina and throughout the Midlands — Lexington, Irmo, West Columbia, Cayce, and Forest Acres. 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 (803) 219-2816 for a free, confidential and compassionate case review.

Why Choose Roden Law for a Columbia 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 1545 Sumter Street, Suite B sits in the downtown corridor minutes from the Richland 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 Richland County Circuit Court, which is what moves insurers to pay full value.

Columbia Wrongful Death Cases We Handle

Fatal-injury claims in the Midlands most often arise from:

  • Fatal traffic and truck crashes on the I-20/I-26/I-77 “Malfunction Junction” interchange and the surrounding interstate corridors.
  • DUI and high-speed crash fatalities, including in the USC and Five Points area.
  • Medical negligence deaths at Prisma Health Richland and area hospitals.
  • Workplace and construction fatalities on Midlands job sites and roadwork projects.
  • Pedestrian and premises-related deaths caused by negligent drivers or unsafe property.

South Carolina Wrongful Death Law: What Columbia 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.

Learn More About South Carolina Wrongful Death Claims

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What to Do After A wrongful death in Columbia, SC

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. South Carolina law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

South Carolina Personal Injury Law

Statute of Limitations 3 years (S.C. Code § 15-3-530)
Comparative Fault Modified — recover if less than 51% at fault

Filing a Personal Injury Case in Columbia

Filing a personal injury case in Columbia means working through the Richland County Court of Common Pleas at 1701 Main Street, where civil complaints are submitted electronically through South Carolina’s statewide Tyler Odyssey e-filing system and placed on a 365-day case-management track under SCRCP Rule 40. Most contested cases are sent to mandatory mediation before trial under SC ADR Rule 3.

Crash victims in the Midlands disproportionately come from one place: the I-26/I-20/I-77 interchange known as Malfunction Junction, now in the middle of SCDOT’s $2.08 billion Carolina Crossroads reconstruction — the largest project in agency history — which will keep active work zones on I-26 between Piney Grove Road and I-77 in flux through roughly 2029. Severe-injury crashes from that corridor, from I-77 north toward Blythewood, and from Two Notch and Broad River Roads are routed to Prisma Health Richland, the Midlands’ only Level I trauma center.

South Carolina law gives injured plaintiffs three years to file under S.C. Code § 15-3-530, applies a 51% modified-comparative-fault bar, and allows stacking of uninsured and underinsured motorist coverage — a critical lever when a Malfunction Junction pile-up exceeds the at-fault driver’s 25/50/25 minimum policy.

Do I Have a Wrongful death Case in Columbia?

Both Georgia and South Carolina permit a wrongful-death action plus a separate survival action for the decedent’s pre-death pain, suffering, and medical expenses. In South Carolina, the personal representative brings the action for the benefit of statutory beneficiaries (S.C. Code § 15-51-10 to -60), and it must be filed within 3 years of death (S.C. Code § 15-3-530). The underlying tort — auto crash, medical negligence, defective product — must be independently provable.

Types of Compensation in South Carolina Wrongful death Cases

South Carolina’s measure is more conventional: pecuniary loss to beneficiaries plus mental anguish and loss of companionship, society, and consortium under S.C. Code § 15-51-40. Survival claims under S.C. Code § 15-5-90 recover pre-death pain, suffering, and funeral and medical expenses.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
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Roden Law Wrongful Death Lawyers in Columbia, SC Results at a Glance

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

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

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.

About the Author

Graeham C. Gillin, Partner, COO at Roden Law

Graeham C. Gillin

Partner, COO

Frequently Asked Questions

Contact Our Columbia Office Today

If you were injured in Columbia and believe another party is at fault, contact us for a free, no-obligation review. Call (803) 219-2816 — no upfront cost.