Key Takeaways
A South Carolina wrongful death claim must be brought by the personal representative of the deceased person's estate, not by family members directly, under S.C. Code § 15-51-10 and following. The claim must generally be filed within 3 years of the date of death. South Carolina law allows the estate to recover for the surviving spouse and children (and, in some cases, parents), including for the loss of the loved one's support, companionship, and guidance, as well as funeral expenses. A separate survival action can recover for the deceased person's own pain before death. Roden Law has offices in Charleston, North Charleston, Columbia, and Myrtle Beach and handles these sensitive cases statewide on a contingency fee — no fees unless we win.
Losing a loved one because of someone else’s carelessness is devastating, and no lawsuit can undo it. What a South Carolina wrongful death claim can do is hold the responsible party accountable and provide for the family’s future. Roden Law’s South Carolina wrongful death lawyers guide families through this process with compassion and resolve, from offices in Charleston, North Charleston, Columbia, and Myrtle Beach, serving the entire state. We work on a contingency fee — there are no fees unless we win.
Who can file a wrongful death claim in South Carolina?
In South Carolina, a wrongful death claim must be brought by the personal representative of the deceased person’s estate — not by individual family members on their own — under S.C. Code § 15-51-10 and following. The recovery, however, is for the benefit of the surviving family. If the estate does not yet have a personal representative, the court can appoint one. A South Carolina wrongful death lawyer can help the family take that first step.
Who benefits from a South Carolina wrongful death recovery?
South Carolina law (S.C. Code § 15-51-20) directs a wrongful death recovery to the deceased person’s statutory beneficiaries in a set order: first the surviving spouse and children; if there is no spouse or child, then the parents; and if none of those survive, then the deceased person’s heirs. When there is both a spouse and children, the recovery is divided the way the estate would pass under South Carolina’s intestacy rules — the spouse receives one-half and the children share the other half. These proceeds generally pass to the family directly and are not used to pay the deceased person’s creditors.
What compensation is available in a South Carolina wrongful death case?
Depending on the facts, a wrongful death recovery can include the family’s loss of the loved one’s financial support, the loss of companionship, guidance, and society, the family’s grief and mental anguish, and funeral and burial expenses. South Carolina also recognizes a separate survival action, brought by the estate, to recover for the deceased person’s own conscious pain, suffering, and medical expenses between the injury and death. The two claims are often pursued together.
How long do I have to file a wrongful death claim in South Carolina?
A South Carolina wrongful death claim must generally be filed within 3 years of the date of death, consistent with S.C. Code § 15-3-530. When a government entity is involved, a shorter Tort Claims Act deadline may apply. See our explainer on the South Carolina statute of limitations.
What kinds of accidents lead to wrongful death claims?
Roden Law pursues wrongful death claims arising from car accidents, truck accidents, motorcycle crashes, medical negligence, unsafe premises, and defective products. If another party’s negligence caused your loved one’s death, you may have a claim — even if the cause is not obvious. Comparative negligence can still affect recovery; see South Carolina comparative negligence.
Talk to a South Carolina wrongful death lawyer for free
If your family has lost someone to another’s negligence in South Carolina, Roden Law will listen, explain your options, and handle the legal process so you can focus on your family. A wrongful death attorney will review your case at no cost, and there are no fees unless we win. Explore our wrongful death practice, part of the South Carolina personal injury cases we handle statewide.
South Carolina Law That Affects Your Case
Filing Deadline (Statute of Limitations)
3 years
South Carolina generally gives injured people 3 years from the date of injury to file a personal injury lawsuit. Some claims — especially those against a government entity under the South Carolina Tort Claims Act — have shorter deadlines.
S.C. Code § 15-3-530
Modified Comparative Negligence
51% bar
Under South Carolina's modified comparative negligence rule, you can still recover compensation as long as you were less than 51% at fault. Your award is reduced by your share of fault — insurers often try to inflate it, and our attorneys push back.
Learn more: South Carolina statute of limitations · South Carolina comparative negligence · stacking UM/UIM coverage
Roden Law Offices Serving All of South Carolina
Frequently Asked Questions
Free Case Review — No Fee Unless We Win
If you were injured in a South Carolina wrongful death, a Roden Law attorney will review your case at no cost and explain your options. We work on a contingency fee basis — you pay nothing unless we recover for you.