How Settlement Amounts Are Determined In South Carolina Wrongful Death Claims

Losing a family member because of someone else’s negligence is devastating in every sense of the word. On top of the grief, families are often left facing medical bills, funeral expenses, and the sudden loss of income they depended on. A wrongful death claim in South Carolina can help survivors recover financially, but many people have no idea how settlement amounts actually get calculated. Here is what goes into that process.

What the Law Says About Wrongful Death in South Carolina

South Carolina’s Death by Wrongful Act statute, found at S.C. Code Ann. § 15-51-10 et seq., allows certain family members to seek compensation when a loved one’s death is caused by the wrongful act, neglect, or default of another party. The claim must be filed by the personal representative of the deceased’s estate, but the money recovered goes directly to the surviving beneficiaries, not the estate itself. Beneficiaries are typically the surviving spouse, children, or parents, depending on the family structure.

One important thing to know: all wrongful death settlements in South Carolina must be approved by a court, as required under S.C. Code Ann. § 15-51-41. A judge reviews the settlement to make sure it is fair and that the proceeds are distributed correctly.

The Key Factors That Influence Settlement Value

No two wrongful death cases are exactly alike, and there is no fixed formula for arriving at a settlement amount. Instead, many different variables come together to shape what a case may be worth. These include:

• The deceased’s age and health at the time of death, which affects projections of how long they would have continued working and contributing to the family
• Earning capacity and future income, including wages, benefits such as health insurance, and potential career growth over a working lifetime
• Pre-death medical expenses, meaning any hospital or emergency care costs incurred between the incident and the death
• Funeral and burial costs, which are recoverable under South Carolina law and can create immediate financial strain on grieving families
• Non-economic losses, including the surviving family’s loss of companionship, guidance, and emotional support, as well as their own mental anguish
• The defendant’s conduct, which can affect whether punitive damages, called exemplary damages under South Carolina law, are available

Are There Limits on What Can Be Recovered?

South Carolina generally does not cap economic or non-economic damages in most wrongful death cases. However, there are a couple of notable exceptions. When a wrongful death stems from medical malpractice, non-economic damages are capped at $350,000 per medical provider, with a maximum of $1.05 million if multiple providers are named.

Punitive damages, which are meant to punish especially reckless or intentional conduct, are capped at three times the amount of actual damages awarded or $500,000, whichever is greater. There are situations where even that cap does not apply, such as when the responsible party was impaired by alcohol or drugs. Additionally, there is also a separate three-year statute of limitations to be aware of. Under S.C. Code Ann. § 15-3-530, families generally have three years from the date of death to file a wrongful death claim or risk losing the right to pursue compensation entirely.

Seeking Guidance? Reach Out to Our Columbia Wrongful Death Attorneys Today

The factors that go into a wrongful death settlement are complex, and insurance companies will not volunteer the full picture when they are trying to minimize what they pay. If your family has lost a loved one due to someone else’s negligence, speak with our Columbia wrongful death lawyers as soon as possible. At The Stanley Law Group, we are here to help you understand what your claim may be worth and fight for the full compensation your family deserves. Contact us today for a free consultation.

Source:

scstatehouse.gov/code/t15c051.php