Hilton Head Wrongful Death Attorney

What Is a “Wrongful Death” in South Carolina?

South Carolina law defines “wrongful death” as a death that is caused by the “wrongful act, neglect, or default” of another person or party. 

Under South Carolina Code Section 15-51-10, a wrongful death claim is a civil action that may be brought by the personal representative of the deceased person’s estate. This legal provision exists to ensure that families can seek justice and reparation for losses incurred, helping to bridge the gap left by a loved one's passing.

In other words, the personal representative of the deceased person’s estate must file the claim on behalf of the surviving family members. The personal representative can be named in the deceased person’s will or estate plan, or the court may appoint one. This process can be complex but allows for the orderly management of the deceased’s affairs and the protection of their family's rights.

If the personal representative does not file a wrongful death claim within three years of the date of the victim’s death, the right to file the claim may be lost. However, there are some exceptions to this rule, so it is important to discuss your situation with an experienced attorney as soon as possible. Delaying could impact your ability to recover damages, emphasizing the need for prompt legal action in pursuing justice.

Who Can File a Wrongful Death Claim in South Carolina?

South Carolina law is unique in that it does not allow surviving family members to file a wrongful death claim. Instead, the personal representative of the deceased person’s estate must file the claim on behalf of the surviving family members. 

This representative plays a crucial role in ensuring that the estate is managed correctly and that the deceased's rights are upheld even after their passing.

If the personal representative recovers damages in a wrongful death claim, the damages will be distributed to the surviving family members according to South Carolina’s laws of intestate succession. This legal framework ensures a fair distribution of any awarded damages, reflecting the state’s commitment to equity and justice for all survivors.

In other words, the damages will be distributed to the surviving family members in the same way that the deceased person’s assets would be distributed if he or she died without a will. Typically, this means that the damages are distributed to the deceased person’s spouse and children, providing a level of financial stability in a profoundly challenging time.

What Is the Wrongful Death Statute of Limitations?

Like all states, South Carolina has a deadline for filing a wrongful death claim. In most cases, the personal representative of the deceased person’s estate has three years from the date of the victim’s death to file a claim. This statute of limitations underscores the importance of prompt action to preserve rights and access to full legal recourse.

However, there are some exceptions to this rule. For example, if the victim’s death occurred as a result of a criminal act, the personal representative may only have two years from the date of the victim’s death to file a claim. Understanding these timelines is critical in ensuring no rights or claims are unintentionally forfeited.

If the victim’s death was caused by medical malpractice, the personal representative may have three years from the date of the victim’s death to file a claim, or three years from the date the cause of death was discovered, up to a maximum of six years from the date of death. This extra time allows for thorough investigation and preparation of comprehensive legal action.

Common Causes of Wrongful Death

• Car accidents: Reckless driving, distracted driving, speeding, and driving under the influence can cause fatal collisions.
• Truck and commercial vehicle accidents: Large commercial vehicles can cause severe or fatal injuries when drivers, trucking companies, or other parties fail to follow safety regulations.
• Motorcycle accidents: Motorcyclists face significant risks from negligent drivers, unsafe lane changes, speeding, and failure to yield.
• Pedestrian accidents: Drivers who fail to watch for pedestrians, obey traffic signals, or yield at crosswalks can cause fatal injuries.
• Medical malpractice: Misdiagnosis, surgical errors, medication mistakes, delayed treatment, and other forms of medical negligence may result in a patient’s death.
• Workplace accidents: Fatal workplace injuries may result from unsafe conditions, inadequate training, defective equipment, or violations of workplace safety requirements.
• Defective products: Dangerous or defective medications, vehicles, machinery, or consumer products can cause fatal injuries.
• Premises liability accidents: Property owners may be held responsible when dangerous conditions, inadequate security, or other hazards contribute to a person’s death.
• Nursing home abuse or neglect: Failure to give appropriate care, supervision, medication, or basic necessities can place vulnerable residents at serious risk.
• Drunk or impaired driving: Drivers under the influence of alcohol or drugs may cause deadly crashes because of impaired judgment, coordination, and reaction time.
• Criminal or intentional acts: In some circumstances, a wrongful death claim may arise when a person’s intentional or criminal conduct causes another person’s death.

What Types of Wrongful Death Damages Are Available?