Wrongful Death Lawyers in Columbia, SC

Losing a loved one is always a tragic and traumatic event, no matter what the circumstances. But when the death is caused by the negligence or wrongful conduct of another, the pain and frustration can be immeasurably greater. When this is the case, those who are left to pick up the pieces deserve to be fully compensated for the loss of someone close to them.

At Peake & Fowler, we know that no amount of compensation can make up for your loss, yet we also know that the death of a loved one can cause serious financial and emotional distress for the surviving family members. It is simply unjust and intolerable for the family to have to bear these additional costs, while the wrongdoer responsible for the death is not held accountable. That is why our attorneys have an unwavering devotion to the cause of a wrongful death lawsuit for the benefit of the spouse, children or parents of the deceased.

South Carolina Wrongful Death Law

Understanding Wrongful Death Claims in South Carolina

South Carolina law recognizes wrongful death actions when a death is caused by the negligence or misconduct of another. Specifically, under S.C. Code § 15-51-10, a civil action for a wrongful act causing death may be brought whenever the death of a person is caused by the “wrongful act, neglect or default of another.”

The foundational requirement for this legal claim is that the act, neglect, or default must be of such a nature that, if the victim had survived, they would have been legally entitled to maintain a personal injury action and recover damages against the responsible party in a court of law.

Who Can File a Wrongful Death Lawsuit?

The law allows a lawsuit to be brought by the executor or administrator of the decedent’s estate, who may recover legal damages on behalf of the decedent’s statutory heirs. In fact, S.C. Code § 15-51-20 strictly mandates that every such action shall be brought exclusively by or in the name of the executor or administrator of the deceased person, preventing multiple family members from filing competing individual lawsuits. This designated representative acts as a fiduciary for the surviving statutory beneficiaries.

The executor or administrator may already be named if the decedent had a valid will at the time of their passing. If there was no will, however, then this person will need to be formally appointed by the Probate Court in the appropriate county jurisdiction before a wrongful death lawsuit can be initiated. Obtaining this appointment often requires filing a formal petition with the probate court and attending a hearing.

Court Approval for Settlements

Furthermore, any resolution of these claims is subject to strict judicial oversight to protect the beneficiaries. Under S.C. Code § 15-51-41, any settlement of a wrongful death action must be formally approved by either a probate court, a circuit court, or a United States District Court. This critical requirement, further detailed under S.C. Code § 15-51-42, ensures that the personal representative has fully verified the fundamental facts surrounding the death, the liability of the alleged wrongdoer, available insurance coverages, and the overall fairness of the proposed settlement for all beneficiaries.

Regardless of whether or not there was a will, proceeds of any wrongful death settlement or judgment do not go to the decedent’s estate – they are distributed directly to the heirs-at-law as if the decedent died without a will.

Wrongful Death vs. Survival Actions: Key Differences

This is an important legal distinction for a couple of reasons. First of all, since proceeds from the lawsuit go directly to the decedent’s heirs-at-law as explicitly outlined in S.C. Code § 15-51-40, they are not subject to creditor claims against the estate. This statutory protection ensures that the immediate family members are not left financially destitute by the debts of the deceased. Secondly, those who receive the proceeds might not be the same people who are named in the will.

It is vital to distinguish this legal framework from a South Carolina Survival Action under S.C. Code § 15-5-90. A survival action is an entirely separate legal claim that preserves the deceased person’s own right to seek compensation for the conscious pain, suffering, and medical expenses the decedent personally experienced between the time of their fatal injury and the time of their actual death. Unlike wrongful death compensation, which compensates the family for their losses, survival action damages do become a part of the decedent’s estate. Consequently, those specific funds are distributed according to the decedent’s will and can legally be subject to the valid claims of the estate’s creditors.

How Are Wrongful Death Proceeds Distributed?

The order of heirs who receive the proceeds from a South Carolina wrongful death action is strictly dictated by the state’s intestacy succession laws, specifically S.C. Code § 62-2-102 (outlining the intestate share of a surviving spouse) and S.C. Code § 62-2-103 (outlining the shares of heirs other than a surviving spouse). The distributions are as follows:

• Spouse and Child(ren): If the decedent had a spouse and child(ren), proceeds are divided equally between the two, with exactly 50% going to the spouse and the remaining 50% divided equally among the child(ren);
• Spouse Only: If there is a spouse but no children, the spouse receives everything;
• Children Only: If there are children but no spouse, the children receive everything, split into equal shares;
• Parents: If the decedent had no spouse or children, then proceeds go to any surviving parent(s);
• Siblings and Extended Heirs: If there is no spouse, children, or parents, then proceeds go to surviving siblings and other heirs at law.

Exceptions to Parental Recovery

However, it is important to note a specific statutory exception regarding parental recovery. Under S.C. Code § 15-51-40, upon a formal motion filed by either parent or any other party of potential interest, the probate court possesses the authority to deny or limit either or both parents’ entitlement to a share of the wrongful death proceeds. The court may do this if it formally determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent or failed to maintain a meaningful parent-child relationship during the decedent’s minority, preventing an estranged parent from unjustly profiting from the tragic loss.

Statute of Limitations: How Long Do You Have to File?

Another critical procedural element is the strict statute of limitations governing these claims.

• Standard Deadline: According to S.C. Code § 15-3-530(6), the standard statute of limitations for filing a civil wrongful death lawsuit in South Carolina is exactly three years from the date of the person’s death. If the legal claim is not officially filed within this unyielding three-year window, the court will almost certainly dismiss the case upon a motion from the defense, permanently barring the family from recovering any compensation.
• Government Entities: Additionally, if the wrongful death claim is being brought against a local, county, or state government entity, the South Carolina Tort Claims Act imposes an even shorter, two-year statute of limitations from the date of death.
• Medical Malpractice: Furthermore, medical malpractice wrongful death cases may involve complex tolling rules depending on precisely when the medical error was discovered, though they remain strictly subject to an absolute six-year statute of repose, regardless of the date of discovery.

Civil vs. Criminal Actions

It is important to note that a wrongful death lawsuit is a civil action that is entirely separate from any criminal proceeding that may have resulted from a loved one’s death. If the party responsible for the death is charged criminally, their punishment (if convicted of a crime) may include fines, jail time, and other severe penalties administered by the state.

Criminal cases must be proven to a jury beyond a reasonable doubt, whereas civil wrongful death claims require a considerably lower burden of proof, legally known as a preponderance of the evidence (meaning it is more likely than not that the defendant caused the death). But even if there is a successful criminal conviction, this does nothing to directly compensate the surviving family members for the immense emotional and financial losses they have suffered because of their loved one’s death.

Damages from South Carolina Wrongful Death Claims

Although, you cannot place a value on a human life, monetary damages are the only way to compensate survivors for the loss of a loved one. In a wrongful death lawsuit, damages are awarded for both economic and noneconomic losses. Economic damages are direct monetary losses such as funeral and burial expenses, lost earnings, and damage to property. Non-economic damages are losses that are less tangible and more difficult to quantify, such as psychological distress, loss of household services, and loss of companionship, guidance, and support.

In some wrongful death cases, exemplary (punitive) damages may be awarded. Punitive damages are not meant to compensate the plaintiff for their losses, but rather to “punish” the responsible party for their wrongdoing if they are found to have acted recklessly, willfully, or with malice in causing the death.

The Cost of Human Life: What is a Wrongful Death Claim Worth in South Carolina?

The state of South Carolina does not place a monetary value on a person’s life. As such, damages from a wrongful death lawsuit are based on the financial expenses and other losses incurred by surviving family members, rather than a fixed dollar amount.

Damages from a wrongful death claim can be divided into three general categories:

• Economic Damages: These are actual monetary losses incurred by the decedent and his/her survivors. Examples may include medical expenses, funeral and burial costs, lost wages, loss of future earnings, and property damage.
• Non-Economic Damages: These are losses that are real but intangible and more difficult to quantify. Examples include emotional distress and loss of companionship, guidance, and support.
• Punitive Damages: If the actions of the party responsible for your loved one’s death were willful, wanton, malicious, or fraudulent, punitive damages may be awarded to punish the wrongdoer and help deter them (and others) from committing similarly egregious acts in the future.

Wrongful Death includes Survival Actions

South Carolina law also recognizes survival actions, which can be brought in conjunction with a wrongful death lawsuit. Together, wrongful death and survival actions help to ensure that the surviving family members receive all that they are entitled to. A survival claim is essentially a claim for damages that a decedent would have recovered through a personal injury lawsuit had they lived. Therefore, it is possible to recover compensation for any medical expenses and lost wages incurred by the decedent prior to their death, as well as any conscious pain and suffering they had to endure during that time.

Survival claims work a little bit differently from wrongful death lawsuits. The lawsuit is still brought by the executor or administrator of the decedent’s estate, but the proceeds go into the decedent’s estate rather than being paid directly to the decedent’s heirs at law. From there, creditors of the estate may be able to file a claim against these proceeds to satisfy unpaid debts. And whatever is left over is paid to the heirs listed in the will if there is one. This means that proceeds from a survival claim could end up going to different recipients than proceeds from a wrongful death lawsuit.

Time Limits for South Carolina Wrongful Death Actions

If you are considering a wrongful death lawsuit or survivor action, you should be aware that there is a three-year statute of limitations for most personal injury lawsuits in South Carolina. If you do not initiate your action within this timeframe, a court will most likely refuse to allow it to proceed.

Three years might seem like a long time, but keep in mind that before a wrongful death or survivor action can be initiated, a personal representative must be named for the decedent’s estate. If there is no will, this process could take a number of months. There are also instances in which the statute of limitations is shorter, such as if you are suing a government agency. And if you wait too long, evidence has a tendency to disappear and the memories of witnesses tend to fade. For these and many other reasons, it is best to get an experienced wrongful death lawyer involved in your case as soon as possible.

Get Help Recovering for Your Loss

Wrongful death cases can be challenging for the plaintiff, since the person who was injured is not available to relate the circumstances of the incident. However, the attorneys at Peake & Fowler have enough experience with personal injury and wrongful death matters to know how to properly investigate the accident and build a strong case against the responsible parties. If you have lost a loved one due to the negligence or misconduct of another, contact Peake & Fowler in Columbia at 803-998-2412.