What is wrongful death?
Wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional conduct. In civil law, a wrongful death claim allows surviving family members or the estate to seek compensation for the losses caused by that death.
Wrongful death cases often arise from car accidents, truck accidents, motorcycle crashes, medical malpractice, nursing home negligence, defective products, workplace accidents, and dangerous property conditions. In some situations, a wrongful death claim may exist even when there is also a criminal investigation or criminal charges.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim brought after a person dies due to someone else’s wrongful conduct. The purpose of the lawsuit is to recover damages for the harm caused by the death, including financial and emotional losses suffered by the surviving family.
In South Carolina, a wrongful death claim is separate from any criminal prosecution. That means a family may still have the right to bring a civil claim even if no criminal charges are filed or if the criminal case does not result in a conviction.
Who can file a wrongful death claim in South Carolina?
In South Carolina, a wrongful death action is generally brought by the executor or administrator of the deceased person’s estate on behalf of the statutory beneficiaries. Those beneficiaries may include the surviving spouse, children, parents, or other heirs depending on the family situation.
This means that although the family benefits from the claim, the lawsuit itself is usually filed by the personal representative of the estate. If no estate has been opened yet, that may need to happen before the case can properly move forward.
How do you prove wrongful death?
To prove wrongful death, it generally must be shown that another party owed a duty of care, breached that duty, and caused the death through that breach. In other words, the case must establish that the death would not have happened but for the defendant’s negligence or wrongful conduct.
Evidence in a wrongful death claim may include accident reports, medical records, witness statements, expert opinions, surveillance footage, employment records, product evidence, and other documentation depending on how the death occurred. In many cases, a detailed investigation is needed to identify every responsible party and preserve critical evidence.
What damages are available in a wrongful death case?
A wrongful death claim may allow recovery for a range of damages depending on the facts of the case. These can include funeral and burial expenses, medical bills related to the final injury or illness, lost income and benefits, loss of companionship, loss of care and support, mental anguish, and the financial value of the decedent’s life to their family.
In some cases, punitive damages may also be available when the conduct involved was especially reckless, willful, or egregious. Separate from the wrongful death case, a survival action may also be available to recover damages the deceased person could have pursued if they had survived, including pain and suffering before death.
How long do you have to file a wrongful death lawsuit?
In South Carolina, the statute of limitations for most wrongful death claims is generally three years from the date of death. Missing that deadline can prevent the claim from being filed at all.
Even though three years may sound like a long time, wrongful death cases often require extensive investigation, estate administration issues, expert review, and evidence preservation. It is usually best to begin the process as early as possible.
How long does a wrongful death case take?
The timeline for a wrongful death case depends on the complexity of the facts, the number of parties involved, the amount of evidence that must be reviewed, and whether the case settles or goes to trial. Some cases may resolve in months, while others take much longer.
Cases involving truck accidents, medical malpractice, defective products, or disputed liability often take more time because they require expert analysis and deeper investigation. The goal is not just speed, but building the strongest case possible for the family.
Who gets the money in a wrongful death lawsuit?
In South Carolina, wrongful death damages are generally distributed to the deceased person’s statutory beneficiaries according to the law. That may include the surviving spouse and children first, then parents or other heirs depending on who survives the deceased person.
Because these cases can also involve an estate claim or survival action, it is important to understand that not all damages are necessarily handled the same way. The structure of the case can affect how compensation is paid and who receives it.
Are wrongful death settlements taxable?
In many situations, compensation received for physical injury or wrongful death is not treated the same way as ordinary income, but tax treatment can depend on the type of damages involved and the structure of the recovery. Certain portions of a settlement, such as punitive damages or interest, may be treated differently.
Because families often receive a substantial recovery at a difficult time, it is wise to speak with a tax professional about any questions involving settlement taxation and distribution.
Can you sue a hospital for wrongful death?
Yes, in some circumstances. If a person dies because of medical negligence, a wrongful death claim may potentially be brought against a hospital, doctor, nurse, medical practice, or other healthcare provider. These cases often involve issues such as delayed diagnosis, surgical mistakes, medication errors, anesthesia errors, infection, birth-related negligence, or failure to properly monitor a patient.
Hospital wrongful death cases can be especially complex and often require expert review of medical records to determine whether the provider failed to meet the applicable standard of care.
Common Causes of Wrongful Death Claims
Wrongful death claims can arise in many different situations. Some of the most common include:
- car accidents
- truck accidents
- motorcycle accidents
- boating accidents
- workplace accidents
- construction injuries
- medical malpractice
- nursing home negligence
- dangerous drugs
- defective products
- premises liability incidents
- slip and fall accidents with fatal complications
- dog attacks
- chemical exposure
In many of these cases, more than one party may share fault for what happened.
Charleston Wrongful Death Lawyer
Charleston families may face wrongful death cases involving busy highways, port-related trucking traffic, medical providers, construction sites, tourism-related accidents, and unsafe properties. Fatal accidents in Charleston often require immediate investigation because evidence can disappear quickly.
A wrongful death claim in Charleston may involve motor vehicle crashes, hospital negligence, maritime-adjacent injuries, dangerous premises, or defective products. When a family is left dealing with sudden loss, early legal action can help preserve evidence and identify all responsible parties.
North Charleston Wrongful Death Lawyer
North Charleston’s industrial, commercial, aviation, and freight activity creates risks for fatal accidents involving trucks, warehouses, machinery, and roadway collisions. The city’s heavy transportation and logistics presence can make wrongful death cases particularly complex.
A North Charleston wrongful death case may involve multiple defendants, corporate insurance policies, employer-related issues, or third-party negligence. These cases often require aggressive investigation and careful coordination of evidence.
Mount Pleasant Wrongful Death Lawyer
Mount Pleasant continues to grow rapidly, with increased traffic, new developments, construction activity, and expanding medical and commercial services. Fatal accidents can happen on major roads, in work zones, on unsafe properties, or through negligent medical care.
Families in Mount Pleasant may have the right to pursue compensation when a preventable death was caused by another person or company’s actions.
Goose Creek Wrongful Death Lawyer
Goose Creek families may face wrongful death claims involving vehicle crashes, work accidents, unsafe properties, or negligent care. Fatal injuries can leave surviving relatives struggling with both emotional grief and financial uncertainty.
A wrongful death case in Goose Creek may help a family pursue compensation for the losses created by the death and hold the responsible party accountable.
Summerville Wrongful Death Lawyer
Summerville’s continued growth has brought more roadway traffic, construction activity, and commercial development. As a result, fatal accidents involving cars, trucks, workplaces, and unsafe premises can and do occur.
Families in Summerville may have legal options when a loved one’s death was caused by negligence, recklessness, or wrongful conduct.
Columbia Wrongful Death Lawyer
As the state capital and a major transportation and healthcare center, Columbia sees wrongful death cases arising from car accidents, truck crashes, medical negligence, workplace incidents, and dangerous property conditions. These cases can involve individuals, corporations, hospitals, or insurers.
A Columbia wrongful death lawyer can help families investigate the cause of death and pursue accountability through the civil justice system.
Myrtle Beach Wrongful Death Lawyer
Myrtle Beach sees heavy tourism traffic, hotel activity, entertainment venues, road congestion, and seasonal commercial pressures. Fatal accidents in the area may involve drunk driving, dangerous premises, boating incidents, truck accidents, or negligent security.
When a wrongful death happens in Myrtle Beach, a family may have the right to seek compensation for both financial and emotional losses.
Why Families Choose a Wrongful Death Lawyer
Wrongful death cases are emotionally difficult and legally complex. Families are often dealing with grief, estate questions, funeral expenses, insurance issues, and uncertainty about what to do next. A wrongful death lawyer can step in to investigate the case, communicate with insurers, gather records, work with experts, and pursue compensation while the family focuses on healing.
These cases also require careful handling because they may involve both a wrongful death action and a survival action, along with questions about who can file, who benefits, and how damages should be pursued.
Speak With a South Carolina Wrongful Death Lawyer
If you lost a loved one because of someone else’s negligence or wrongful conduct, speaking with a South Carolina wrongful death lawyer can help you understand your options. An attorney can evaluate the circumstances of the death, explain who may bring the claim, identify liable parties, and pursue compensation on behalf of the family or estate.
Related Cases We Handle
Personal Injury
Serving SC and Our Lowcountry Locations:
Call Mastantuno Law Firm at (843) 720-3741
Serving clients across the Lowcountry in South Carolina
