The loss of a loved one in an accident is a terrible tragedy. Although no amount of financial compensation will ever truly be sufficient to make things right, it is crucial to get justice, accountability, financial support, and some level of closure. This raises an important question: How long do I have to file a wrongful death lawsuit? In South Carolina, there is a three year statute of limitations for wrongful death claims. As only very narrow exceptions apply, you need to take a proactive approach after your loved one’s fatal accident. Within this article, our South Carolina wrongful death lawyer provides a guide to the statute of limitations for wrongful death lawsuits in the state. 

Understanding the South Carolina Wrongful Death Statute

Wrongful death claims are civil legal cases that are governed by state law. Under South Carolina law (S.C. Code § 15-51-20), a negligent party who causes a fatal accident can be held liable for the resulting harm. Indeed, South Carolina law allows the statutory beneficiaries of the decedent to bring a civil claim when  another party’s negligence, recklessness, or wrongful act causes the death. The law provides a legal pathway for these beneficiaries  to seek justice, accountability, and compensation.

Wrongful death liability is based on fault. Therefore you need to be prepared to show that the defendant(s) bear responsibility for the accident. Every fatal accident in South Carolina should be carefully investigated by an experienced attorney. Your lawyer can help you gather and prepare all of the evidence that you need to build a strong, compelling wrongful death case. 

A Three-Year Statute of Limitations for Wrongful Death Lawsuits in South Carolina in most cases.

Wrongful death lawsuits are time-sensitive legal cases. South Carolina law imposes a strict three year deadline on filing a wrongful death lawsuit. In most cases, you have three years from the date of death to file a lawsuit. However, in some cases the statute is reduced to two years. If you do not take legal action before the statute of limitations deadline expires, you will most likely lose out on your right to take civil legal action at all. Indeed, there are only very narrow exceptions to the wrongful death statute of limitations in South Carolina. There may be exceptions if the beneficiary  for the wrongful death lawsuit were minors at the time of the fatal accident and/or if the death could not have been reasonably discovered at the time when it actually happened. Be proactive: Consult with an Anderson wrongful death lawyer right away after your loved one’s fatal accident. 

Note: Your wrongful death case does not necessarily always have to be fully resolved within the three or two year. Instead, any civil lawsuit must be filed within that time period. 

Not Everyone Can File a Wrongful Death Claim (Eligible Parties in South Carolina)

One issue to be aware of is that not every person who is affected by a fatal accident in South Carolina has rights under the state’s wrongful death law. Indeed, South Carolina limits who can benefit from a wrongful death claim. The lawsuit itself must be brought by the personal representative of the deceased’s estate. The personal representative will be the person named in the will, assuming that there is a valid will in place. The beneficiaries of any settlement or judgment are determined by law. Eligible family members typically include: 

• Surviving Spouse and Surviving Children: These are the primary beneficiaries of wrongful death claims in South Carolina. They are the first in line to receive compensation from a wrongful death claim.
• Parents of the Deceased: If the deceased was unmarried and had no children, surviving parents are eligible to be the primary beneficiaries in a civil wrongful death lawsuit. 
• Next Surviving Kin: If there are no surviving spouse, children, or parents, other family members (such as siblings) may be eligible based on South Carolina’s intestate succession rules for wrongful death claims. 

Unfortunately, South Carolina law does not allow unrelated individuals (such as close friends) to receive compensation through a wrongful death claim. 

An Overview of Compensation Available in a South Carolina Wrongful Death Claim

No financial award can truly make up for the devastating loss of a loved one. Still, South Carolina law recognizes that families deserve both justice and financial support after a wrongful death. A successful claim can help you recover the resources you need to move forward with your life and put the pieces back together. Wrongful death compensation in South Carolina covers both economic and non-economic damages. You may be able to recover for: 

• Out of pocket medical bills; 
• Funeral and burial costs; 
• Loss of the deceased’s financial contributions; 
• Loss of the deceased’s household services; 
• Loss of companionship and emotional support; 
• Loss of parental guidance for surviving children; and
• Loss of consortium for a surviving spouse. 

Why Grieving Families Trust South Carolina Wrongful Death Lawyer Steven M Krause

Wrongful death claims are notoriously complex. Steven M. Krause is a justice-focused advocate for grieving families. With a commitment to justice-focused guidance and support, Attorney Krause is always prepared to go the extra mile to do right by clients. You do not want to fall behind in the civil legal claims process. Sadly, even in very serious cases like wrongful death claims, defendants and insurance companies are aggressive. They will not look out for your best interests. Your initial consultation with our South Carolina wrongful death lawyer is free and fully confidential. 

Contact Our South Carolina Wrongful Death Attorney Today

At The Law Office of Steven M Krause PA, our South Carolina wrongful death lawyer is a compassionate, experienced advocate for justice. If you have any questions about the filing of a wrongful death lawsuit, whether related to timing or otherwise, we are here to help. Reach out to us now or contact us online today for your free, completely confidential case, and no obligation review. With an office in Anderson, our firm represents grieving families in wrongful death cases throughout the wider region. 

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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.