Losing a loved one to someone else’s negligence is a tragic circumstance that no amount of compensation can make right. Obtaining just compensation can, however, help you and your family find your way forward.

The South Carolina wrongful death statute establishes the laws that govern claims like yours, and an experienced South Carolina wrongful death attorney is standing by to help. Contact The Law Office of Steven M. Krause P.A. to request a consultation.

South Carolina’s Wrongful Death Statute

South Carolina’s wrongful death statute encompasses any instance where death occurs because of a wrongful act or a case of negligence. In these instances, the responsible party is liable in legal action for the damages.

South Carolina’s Code of Laws Section 15-51-10 establishes that in many ways, a wrongful death claim is similar to personal injury claims in South Carolina. However, there are some critical differences since the beneficiaries will be the surviving spouse and children. If there is no spouse or child then parents, and siblings would be entitled to recoup there damages. You also need a Personal Representative of the estate to bring the claim for the victims.

The damages you could receive are also based on the losses resulting from the wrongful death. The settlement will need to be approved by a probate court, United States District Court, or a circuit court, according to Section 15-51-41.

Another code related to wrongful death, Section 15-51-60, prohibits a wrongful death claim when the victim has already brought a personal injury claim where they received a final judgment before death.

The Wrongful Death Statute of Limitations in South Carolina

The amount of time you have to file your wrongful death case is called the statute of limitations, and in South Carolina, it is three years from the date that your loved one encountered the at-fault party’s negligence.

If, on the other hand, the at-fault party is a governmental agency – such as a county-affiliated medical facility – the statute of limitations is reduced to two years from the occurrence.

South Carolina allows the surviving spouse and children of a loved one who is lost to someone else’s negligent, reckless, or deliberate action to seek compensation through a wrongful death case.

What is a survival action in South Carolina?

Survival actions are claims that survive the victim when they did not die right away from their injury. For survival actions to qualify, you must prove that the deceased was conscious and experienced pain after their injury and before their death. (Section 15-5-90)

Loss of Consortium Statute in South Carolina

The South Carolina Code of Laws Section 15-75-20 includes loss of consortium, which is a set of damages provided for the victim’s spouse. These damages are meant to account for any harm the spouse suffered when their loved one was injured.

The loss of consortium in South Carolina specifically authorizes compensation for aid, society, and services. For most people, these damages would include services and benefits their deceased spouse can no longer provide.

Here are some examples of damages that could apply:

• Loss of care
• Loss of household services
• Loss of financial support
• Loss of emotional support
• Loss of counsel

Because loss of consortium damages are not strictly economic or financial, they can be difficult to calculate when making your claim. Section 15-32 limits these damages to $500,000 or at least three times the value of the compensatory damages for each claimant.

The law may remove the cap on the damage amount if certain aspects are proved in the claim. This includes evidence that the defendant intended to harm the victim, they have a felony conviction related to the accident, they caused the accident while impaired, or the wrongdoer was otherwise grossly negligent.

Excluded damages

A common example of excluded damages includes loss of consortium claims that were already compensated in an injury claim. You cannot claim damages twice, no matter what kind of damages they are.

Loss of consortium claims must also be filed for damages that actually exist. This excludes hypothetical future damages that you may or may not experience in the future.

What Kinds of Incidents Can Lead to Wrongful Death Claims?

A wide variety of accidents and other incidents can lead to wrongful death claims in South Carolina. Some of the most common include:

• Traffic accidents
• Slip and fall accidents
• Trucking accidents
• Medical malpractice
• Accidents involving defective consumer products
• Motorcycle accidents
• Boating accidents

Any of these that causes the victim’s death are wrongful death cases, and because compiling a strong wrongful death claim that accurately reflects your covered losses is a challenging endeavor, reaching out to a dedicated wrongful death attorney sooner rather than later is always in your best interest.

An Experienced South Carolina Wrongful Death Attorney Can Help

Our compassionate team at The Law Office of Steven M Krause PA understands the immense gravity of wrongful death cases and dedicate their impressive practice to skillfully championing the rights of our clients – in pursuit of just compensation.

If you are in the painful situation of having lost a loved one to someone else’s negligence, don’t wait to contact or call us for more information today.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.