Wrongful Death Lawsuits in South Carolina

Like all states, South Carolina has a set of statutes that apply to wrongful death claims. These laws permit a deceased person's survivors to file a lawsuit if the person died as a result of another party's accidental or intentional act. In this article, we'll examine some key parts of South Carolina's wrongful death laws, including how the state defines a "wrongful death," who is eligible to file the lawsuit, the different categories of damages available if a wrongful death claim is successful, and the time limit for filing this kind of case.

How Does South Carolina Law Define "Wrongful Death"?

Under South Carolina law, a "wrongful death" is defined as one that is caused by the "wrongful act, neglect, or default" of another. The wrongful act, neglect, or default must be the type of action for which the person could have filed a personal injury lawsuit had he or she lived. (S.C. Code § 15-51-10 (2025).)

It can be helpful to think of a wrongful death lawsuit as a personal injury case in which the injured person is no longer able to bring his or her own case to court. Instead, someone else must step in and file the lawsuit on behalf of the deceased person. As with personal injury cases in general, many types of events can be the basis for a wrongful death claim, including:

• negligence-based incidents (such as car accidents)
• medical malpractice, or
• intentional acts (including crimes).

Read more about proving liability in a wrongful death case.

What's the Difference Between a Wrongful Death Lawsuit and a Criminal Homicide Case?

As in all personal injury cases, the defendant's liability in a wrongful death case is expressed solely in terms of financial compensation ("damages"), which the court orders the defendant to pay to the decedent's survivors. This is one big difference between a wrongful death lawsuit and a criminal homicide case, where a defendant faces prison time and other restrictions on their freedom.

Another difference between criminal prosecutions for homicide and civil lawsuits for wrongful death is the standard of proof. In a criminal case, the accused's guilt must be established "beyond a reasonable doubt," which is a very high bar for the prosecution to clear. In a civil lawsuit, the defendant's liability need only be shown "by a preponderance of the evidence," meaning it's more likely than not that the defendant is responsible for the decedent's death.

It is possible for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court while facing criminal charges related to the same death. In fact, South Carolina law specifies that a wrongful death lawsuit can be filed even if the death was the result of a crime. (S.C. Code § 15-51-10 (2025).)

Who Can Bring a South Carolina Wrongful Death Lawsuit?

In some states, the deceased's surviving family can file the wrongful death lawsuit. In South Carolina, though, the executor or administrator of the deceased person's estate must file the wrongful death claim on behalf of surviving family members. (S.C. Code § 15-51-20 (2025).)

Who Can Serve as Executor and File a Wrongful Death Lawsuit?

If the deceased made a will, the executor will typically be named there. But the court can appoint an executor if the deceased person has no estate plan, if the named executor cannot or does not wish to serve, or if the court decides the current executor has a conflict of interest. If the court appoints an executor, South Carolina law prioritizes, in this order:

• a surviving spouse named in the will
• other people named in the will, and
• a surviving spouse not named in the will.

After that, the court looks to other heirs, and then to creditors, to serve as executor. (S.C. Code § 62-3-203 (2025).)

Learn more about who can serve as an executor in South Carolina.

Who Can Receive Compensation in a Wrongful Death Lawsuit?

Although the executor or administrator is responsible for pursuing the wrongful death claim, any damages recovered will go the deceased person's surviving family members (we'll talk more about damages in the next section). The family members who can recover damages in a South Carolina wrongful death case include:

• the deceased's surviving spouse and children
• the deceased's surviving parents (if there is no spouse or child), and
• the deceased's heirs (if there are no parents, spouse, or children).

Even if the deceased had a will, damages in a wrongful death lawsuit are divided according to South Carolina's rules for intestate succession. For example, a surviving spouse receives all damages if the deceased had no surviving children. If the deceased was married and had children, then 50% of the compensation goes to the surviving spouse, and the remainder is divided equally between the children.

(S.C. Code § 15-51-20 (2025); S.C. Code § 15-51-40 (2025); S.C. Code §§ 62-2-101-103 (2025).)

What Types of Damages Are Possible in a South Carolina Wrongful Death Case?

If a wrongful death lawsuit is successful, the court will order the defendant to pay "damages"—or the plaintiff's claimed losses—to the deceased person's survivors, as discussed above. In South Carolina, damages can be awarded for a range of losses. These include:

• The mental and emotional impact of the death on survivors, including their mental shock and suffering, their "wounded feelings," and their grief.
• Costs paid by survivors as a result of the death (for example, funeral expenses and medical bills).
• The loss of the deceased person's companionship.
• The loss of the deceased person's experience, knowledge and judgment in managing their affairs and the affairs of their beneficiaries.
• The loss of the deceased person's ability to earn money to support their family and educate their children.

(Mishoe v. Atlantic Coast Line R.R., 186 S.C. 402, 197 S.E. 97 (1938).)

If the conduct that caused the death was deliberate or reckless, the court may also award so-called "punitive damages" (which are called exemplary damages in South Carolina law). Unlike other types of damages, punitive damages are not meant to compensate the family or estate for losses resulting from the death. Instead, exemplary damages are intended to punish wrongdoers and serve as a deterrent for others who might engage in similar behavior in the future. (S.C. Code § 15-51-40 (2025).)

Get more details on damages that might be available in a wrongful death case.

Wrongful Death Lawsuits Versus Survival Actions

The damages in a wrongful death case compensate survivors for the loss of their loved one. But it's also possible for the deceased person's estate to file a so-called "survival action." In a survival action, the estate seeks compensation for losses the deceased suffered while they were still alive. For example, a survival action could seek damages for a person's pain and suffering or lost wages between their injury and their death.

It's important to understand that plaintiffs cannot get a "double recovery" by filing a wrongful death lawsuit while the estate files a survival action. Wrongful death plaintiffs can recover costs they personally incurred as a result of the deaths, but not costs incurred by the estate. For example, if funeral expenses were paid by the deceased's survivors with their own money, then they could recover that money through a wrongful death lawsuit. But if the estate paid for the funeral, then that money can only be recovered through a survival action.

Also keep in mind that:

• A person cannot suffer damages after they die; any harm surviving loved ones suffered as a result of the death can only be compensated through a wrongful death lawsuit.
• Damages in a survival action are paid to the deceased's estate, and distributed according to their will (if they had one). This is different from the rules we discussed above about distributing damages in wrongful death lawsuits.
• The time limit for filing a survival action is measured from the date of the person's injury, not from their date of death.

(S.C. Code § 15-5-90 (2025).)

What Is the Time Limit for Filing a Wrongful Death Claim in South Carolina?

In all states, a wrongful death claim must be filed before the legal time limit, set by a law called a "statute of limitations," expires. In South Carolina, the statute of limitations that applies to wrongful death claims states that the lawsuit must be filed within three years of the date of the person's death. If the case is not filed within that three-year time period, the court will very likely refuse to hear the case at all. (S.C. Code § 15-3-530(6) (2025).)

Other Options for Seeking Compensation

In addition to a wrongful death lawsuit or a survival action, a death in South Carolina can sometimes be compensated in other ways. For example:

• If someone is killed on the job, South Carolina's workers' compensation program allows surviving family members to collect compensation for medical expenses and the deceased's future income. In general, state law bars wrongful death lawsuits against employers and requires surviving family members to seek compensation through workers' compensation. (S.C. Code § 42-1-540 (2025).)
• Crime victims and their surviving family members are entitled to restitution under South Carolina law. Restitution is money the court orders the defendant to pay as part of their sentence. The state also has a Crime Victim Compensation Program that covers some costs for victims and their families.

Get Help With Your South Carolina Wrongful Death Lawsuit

Wrongful death cases can be complicated—and the law can change at any time. If you're thinking of filing a wrongful death lawsuit in South Carolina, it's a good idea to consult a personal injury attorney. An experienced lawyer can explain how the law might apply to your specific situation.