Wrongful Death Lawyer in South Carolina
Lost a Loved One Because of Negligence?
We help South Carolina families seek justice.
Nothing can prepare you for the sudden loss of a loved one—especially when that loss was preventable. In South Carolina, families have the right to pursue a wrongful death claim when someone dies due to another person or company’s negligence, recklessness, or intentional actions. While no amount of money can replace what you’ve lost, a legal claim can provide financial stability and hold the responsible party accountable. At The Brown Law Firm, we help families throughout South Carolina navigate these incredibly difficult cases with care, clarity, and strength. We’re here to support you and fight for the justice your loved one deserves.
Wrongful Death Cases in South Carolina
Common causes of wrongful death lawsuits.
We represent families across the state in cases involving:
Fatal Car and Truck Accidents
When drivers act carelessly or recklessly, families are left grieving the ultimate cost of preventable crashes.
Motorcycle Fatalities
Motorcyclists are vulnerable on South Carolina roads. We pursue claims when riders lose their lives due to another driver’s negligence.
Injuries to Children
Kids are especially vulnerable to dog attacks, often suffering bites to the face, head, and neck.
Medical Negligence
When medical providers fail to meet basic standards of care, the results can be fatal—and legally actionable.
Defective Products or Premises
Dangerous products, faulty equipment, or unsafe property conditions can result in tragic outcomes. We hold businesses and manufacturers accountable.
Understanding Wrongful Death Law in SC
South Carolina families have legal options.
Wrongful death cases are about more than compensation—they’re about accountability. Here’s what to know:
Only certain people can file
Under South Carolina law, the claim must be filed by the executor of the deceased’s estate—typically for the benefit of close family members.
You may also have a survival claim
This is a separate claim for pain, suffering, and expenses the person experienced before passing.
Time is limited
Families generally have three years to file a wrongful death claim in South Carolina. Acting early protects your right to seek justice.
Wrongful Death FAQs in South Carolina
What grieving families need to know.
Losing someone suddenly raises painful questions—here are answers to the ones we hear most often:
What qualifies as a wrongful death in South Carolina?
A wrongful death occurs when someone dies due to another party’s negligence, carelessness, or intentional misconduct. This can include car crashes, workplace accidents, dangerous premises, or medical negligence. If the deceased would have had a personal injury claim had they survived, it likely qualifies as wrongful death. South Carolina law allows families to hold the responsible party accountable in civil court.
Who can file a wrongful death claim?
In South Carolina, the personal representative (or executor) of the deceased person’s estate must file the claim. However, the lawsuit is filed on behalf of surviving family members, such as the spouse, children, or parents. If there’s no will or appointed executor, the court can assign one. The damages awarded are distributed to the surviving beneficiaries based on their relationship to the deceased.
What compensation is available in a wrongful death case?
Compensation may include funeral expenses, medical bills, lost income or benefits, loss of companionship and support, and emotional suffering. In cases involving gross negligence, punitive damages may also be awarded. Every case is different, and damages depend on the relationship to the deceased and the circumstances of their passing.
How long do I have to file a wrongful death lawsuit in South Carolina?
The statute of limitations is typically three years from the date of death. However, certain situations—such as government involvement—can shorten that time. It’s best to begin the legal process as soon as possible to preserve evidence and avoid missed deadlines.
What’s the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks damages on behalf of the family for their loss. A survival action, on the other hand, allows the estate to recover damages the deceased could have claimed had they survived—such as pain and suffering, medical bills, and lost wages prior to death. In South Carolina, both types of claims are often filed together to cover the full scope of loss.