What Damages Are Available In A South Carolina Wrongful Death Case?
Losing a loved one is devastating. When that loss is caused by another person’s negligence or wrongful conduct, the pain is compounded by the sense that it never had to happen. South Carolina law recognizes this, and it gives surviving family members the ability to pursue compensation through a wrongful death claim. But what exactly can families recover? Understanding the types of damages available can help you make sense of your options during an incredibly difficult time.
What Is a Wrongful Death Claim in South Carolina?
Under South Carolina’s Wrongful Death Act, found at S.C. Code Ann. § 15-51-10, a wrongful death claim may be brought when a person dies as a result of the wrongful act, neglect, or default of another. Think of it as the claim the deceased person would have had the right to bring if they had survived. The lawsuit must be filed by the personal representative of the deceased’s estate, but any compensation recovered is distributed to eligible family members, not to the estate itself.
South Carolina also allows what is called a survival action under S.C. Code Ann. § 15-5-90, which runs alongside a wrongful death claim. A survival action covers damages the deceased could have sought for their own pain, suffering, and losses between the time of injury and the time of death. In many cases, both types of claims are pursued together.
What Types of Damages Can Families Recover?
South Carolina’s wrongful death statute is broad. Under S.C. Code Ann. § 15-51-40, damages are not restricted to any single category, which means families may be entitled to both economic and non-economic losses. Common categories of recoverable damages include:
- Medical expenses: Costs for treatment the deceased received before passing
- Funeral and burial costs: Reasonable expenses related to the death
- Lost income and future earnings: The financial support the deceased would have provided over their lifetime
- Loss of companionship, love, and guidance: The emotional and relational impact on surviving family members
- Mental anguish: The grief and suffering experienced by beneficiaries
- Punitive damages: In cases where the wrongful conduct was reckless, willful, or malicious, the law allows for additional damages intended to punish the at-fault party
It is worth noting that South Carolina generally does not cap wrongful death damages, except in medical malpractice cases, which are subject to special statutory limits.
Who Can Receive These Damages?
Wrongful death beneficiaries in South Carolina are determined by statute, not by the deceased’s will. The law prioritizes surviving spouses, children, and grandchildren. If none of these exist, parents may be entitled to recover. The distribution of damages among beneficiaries depends on the specific circumstances of each case.
Families generally have three years from the date of death to file a wrongful death claim. Waiting too long can mean losing the right to seek compensation entirely, so acting promptly is important.
Reach Out to The Stanley Law Group for Help
If your family has lost someone due to another party’s negligence, you should not have to navigate the legal process alone. Our Columbia wrongful death attorneys at The Stanley Law Group are here to help you understand your rights and pursue the full compensation your family deserves. Contact us today for a free consultation.
Sources:
scstatehouse.gov/code/t15c051.php
scstatehouse.gov/code/t15c003.php