Losing a loved one in custody is devastating. You trusted the facility to keep them safe, and now you deserve answers about what happened.

The short answer: Yes. When someone dies in a South Carolina jail or prison from medical neglect, excessive force, a missed suicide watch, or unsafe conditions, the family can often file a wrongful death claim. Claims against a government-run facility fall under the South Carolina Tort Claims Act, which allows less time to file than a standard wrongful death case.

In this article, we discuss:

When families can sue over an in-custody death.
Who can file a wrongful death claim.
How deadlines differ for government facilities.
What evidence matters.

Can families sue when someone dies in custody?

Yes, families can often sue when a jail or prison fails to protect someone in its care. These facilities must provide reasonable medical care, safe conditions, and protection from harm. A wrongful death claim can follow ignored medical emergencies, excessive force, insufficient suicide watch, or dangerous conditions. Whether the facility is private or government-run affects your case.

Who can file a wrongful death claim in South Carolina?

A wrongful death claim is filed by the personal representative of the deceased person’s estate, not directly by grieving relatives. Under South Carolina law, the personal representative or administrator brings the action, and any recovery benefits the spouse and children first, then the parents, and then other heirs. If no representative exists, the court can appoint one.

How is the deadline different for a government facility?

The deadline is often shorter when a government entity is involved. Most South Carolina wrongful death claims must be filed within three years of the death under S.C. Code Ann. § 15-3-530, which sets three years for actions for death by wrongful act, beginning to run upon the death of the person on account of whose death the action is brought. But claims against a government-run jail or prison fall under the South Carolina Tort Claims Act, which generally bars the action unless it is commenced within two years, or within three years if the claimant first filed a claim, under S.C. Code Ann. § 15-78-110. Don’t wait. Your consultation with Krause Law is free.

What evidence matters most?

Strong cases rely on records created inside the facility. Key evidence often includes medical records, incident and use-of-force reports, staffing logs, surveillance video, and autopsy findings. This material can disappear, so acting quickly helps preserve it.

Frequently asked questions

How do I file a wrongful death lawsuit?

To file a wrongful death lawsuit, the estate’s personal representative works with an attorney to investigate, identify who’s responsible, and file within the deadline. Attorney Steven M. Krause guides families through each step.

What if my loved one was partly at fault?

South Carolina uses modified comparative negligence. Your family can still recover if your loved one was no more than 50% at fault, though their share reduces recovery. If their negligence is greater than 50%, recovery is barred.

What compensation can families recover?

Compensation may cover funeral and burial costs, medical bills, lost financial support, and the family’s grief and loss of companionship. Every case is different.

Talk with Attorney Steven M. Krause

You don’t have to face this alone. Contact The Law Office of Steven M. Krause P.A. today for a consultation. Attorney Steven M. Krause is here to help. Call 864-225-4000 or visit our Anderson office at 207 E Calhoun St.