Losing a family member because someone else acted carelessly or recklessly is a devastating experience. South Carolina law gives certain family members the right to bring a civil wrongful death claim to hold that party accountable. At Young & Warr, our lawyers have worked with families throughout Sumter and surrounding counties during some of the most painful periods of their lives, helping them pursue justice through the legal process.
South Carolina’s Wrongful Death Act
South Carolina’s Wrongful Death Act is codified at S.C. Code Sections 15-51-10 through 15-51-60. The law permits a civil claim when a person dies due to the wrongful act, neglect, or default of another party who would have been liable for personal injury had the victim survived. The personal representative of the deceased’s estate brings the action, and any recovery is distributed to the surviving spouse, children, or other qualifying heirs. A separate Survival Act claim under S.C. Code Section 15-5-90 may allow recovery for damages the deceased suffered before death.
Who May Qualify for Wrongful Death Damages
South Carolina courts have recognized wrongful death claims arising from car accidents, truck collisions, workplace fatalities, medical negligence, and criminal acts. Damages are not capped in most wrongful death cases and can include medical expenses incurred before death, funeral and burial costs, lost financial support the deceased would have provided, loss of companionship and consortium, and the mental anguish of surviving family members.
Calculating What the Family Has Lost
South Carolina’s Wrongful Death Act allows surviving family members to recover both economic and non-economic losses. Economic damages address the financial contributions the deceased would have made over their lifetime, including wages, benefits, and household services.
Non-economic damages compensate for the loss of companionship, guidance, and relationships that cannot be reduced to a dollar figure. When the deceased was a primary income earner, an economist’s analysis of future lost earnings may be part of the claim. The goal of these damages is to place the surviving family as close as possible to where they would have been had the loss not occurred.
How Wrongful Death Claims Work in Sumter County
Wrongful death cases are filed in the civil court system, distinct from any criminal proceedings. A criminal conviction of the at-fault party is not required to pursue and win a wrongful death civil case, as the burden of proof differs from a criminal case. In Sumter County, civil cases are heard through the Third Judicial Circuit.
The statute of limitations for wrongful death in South Carolina is three years from the date of death under S.C. Code Section 15-3-530, making it important for families to act before that window closes.
How Our Firm Supports Families Through This Process
Wrongful death cases involve careful gathering of evidence, including accident reports, medical records, witness accounts, and, in some cases, accident reconstruction or medical expert opinions. Our firm handles those steps so that families can focus on grieving and healing. We communicate directly with insurance companies and defense counsel so our clients do not have to manage those conversations themselves.
If your family lost someone due to another party’s negligence in or around Sumter, Young & Warr, LLC is here to help you pursue accountability. Call 803-773-4371 or contact us to speak with our attorneys at no charge.
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