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. Through a civil wrongful death claim, grieving families in South Carolina have the opportunity to seek justice, accountability, and financial compensation.

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. If your loved one was killed in a fatal accident, you need skilled professional representation. Contact The Law Office of Steven M. Krause P.A. to request a free, fully confidential initial consultation.

Understanding the Wrongful Death in South Carolina

The South Carolina 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. These are fault-based legal cases. A fatal accident should be thoroughly investigated to determine exactly what went wrong. An attorney can help you gather the evidence to prove fault.

Who Can File a Wrongful Death Claim in South Carolina?

Notably, 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 their 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.

Statute of Limitations for Wrongful Death Claims

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. A proactive approach is key: If you lost a loved one to a fatal accident, contact an experienced South Carolina wrongful death lawyer for immediate help with your case.

Distinguishing Wrongful Death from Survival Actions

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) In other words, South Carolina’s survival action law allows the victim’s claim to “survive” their passing. The estate can bring the claim on their behalf. Notably, your family does not need to choose between a wrongful death lawsuit and a survival action claim. Both types of claims can potentially be pursued.

Types of Compensation Available

The reality is that there is no amount of financial compensation that could ever truly be enough to make things right after a loved one’s fatal accident. At the same time, grieving families need justice and financial compensation. In South Carolina, wrongful death compensation can include both economic losses and non-economic damages. You may be able to recover for:

• Out-of-pocket medical bills;
• Funeral & burial expenses;
• Loss of financial support;
• Loss of love;
• Loss of companionship;
• Loss of parental guidance
• Loss of consortium.

What to Know About Loss of Consortium 

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

The reality is that the damage that a spouse, child, or parent suffers because of a wrongful death is primarily non-economic in nature. Of course, that does not make it any less real or any less important. However, it can make these claims especially challenging. 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.

Note: 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 and Wrongful Death 

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.

Proving Liability in Wrongful Death Cases

A key point to remember about civil wrongful death cases is that liability is based on fault. To hold a driver, truck company, corporation, manufacturer, medical provider, or any other party legally liable for a fatal accident, you must prove that they are legally responsible. Evidence is the foundation of any successful wrongful death claim in South Carolina.

Common Causes of Wrongful Death in South Carolina

A wide variety of accidents and other incidents can lead to wrongful death claims in South Carolina. Our firm handles the full range of wrongful death cases in South Carolina. Regardless of how a fatal accident happened, we are more than ready to help. 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 cause 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.

The Role of a Wrongful Death Attorney

Wrongful death claims are notoriously complex. There is nothing more challenging than losing a loved one to an accident that never should have happened. Unfortunately, defendants and insurers can make the civil claims process exceptionally difficult. Our founder and principal attorney, Steven M. Krause, is a compassionate, experienced, and justice-focused advocate for grieving families. We provide proactive, personalized legal advocacy—so that you can focus on healing. Among other things, our South Carolina wrongful death lawyer is prepared to:

• Hear what you have to say and answer your civil legal questions;
• Investigate the fatal accident—gathering relevant evidence;
• Handle all wrongful death paperwork and settlement negotiations
• Develop a comprehensive strategy to help your family get justice.

Contact Our South Carolina Wrongful Death Lawyer Today

Our compassionate team at The Law Office of Steven M Krause PA understands the immense gravity of wrongful death cases and dedicates 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. Initial consultations are free and fully confidential. With an office in Anderson, we represent grieving families in wrongful death claims throughout the surrounding region in South Carolina.

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HOURS & ADDRESS

• 207 E. Calhoun St. Anderson, SC 29621
• (864) 225-4000Local
• 864-844-4836 En Español
• Toll Free
• 864-964-0788 FAX

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• Monday - Thursday9am - 3pmFridays - Closed

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.