South Carolina
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What is Wrongful Death?
A wrongful death is often a fatal accident or injury that occurs due to another person’s negligent or reckless actions. For example, if you lost a loved one in a car accident due to the other driver’s drunk driving, you may be able to file a wrongful death lawsuit.
Wrongful death often involves negligence, but it is not synonymous with a personal injury claim. At times, wrongful death can be because of another person’s deliberate actions. One common example of wrongful death under deliberate actions is nursing home neglect or elder abuse.
Wrongful Death vs. Survival Action
A survival action is different under South Carolina law Section 15-5-90 (although both may be filed at the same time and are often pursued together). A survival action seeks damages incurred during the period of time between the accident and the person’s death. Imagine someone who is trapped in a burning car following a traffic crash, and suffers severe burns. They die weeks later, after a prolonged stay in the hospital and much pain and suffering. A survival action could be brought on their behalf after their death to recover costs that they incurred and damages that they should have been entitled to from the accident.
Unlike a wrongful death claim, a survival action is not brought on behalf of the deceased person’s family. It is filed from the estate of the deceased instead. For that reason, it does include the possibility to claim any damages after the person’s death except for funeral costs (unless they are already included in a wrongful death claim).
What Is a Wrongful Death Lawsuit?
South Carolina state law stipulates wrongful death if an individual’s death was caused by the negligence, recklessness, or intentional actions of another party. The surviving family members of the deceased are eligible to file a wrongful death lawsuit.
The State of South Carolina has what is called a modified comparative negligence rule. This means victims may be ruled as partially to blame for an injury or death, but as long as at least 51 percent of the accident’s fault lies with the other party, they will have liability. Depending on how fault is ruled, this could impact the percentage of damages awarded. An experienced South Carolina wrongful death lawyer can look at your situation and suggest legal options.
How Can HawkLaw’s Wrongful Death Attorneys Help Me?
The loss of a loved one, under any circumstances, is an emotionally difficult time for the surviving friends and family members. When that person’s death occurred due to circumstances that result in wrongful death, the pain is compounded by the fact that the loss did not have to occur.
As a law firm experienced in wrongful death cases, HawkLaw’s team of professional attorneys will coordinate the wrongful death filing alongside the executor or administrator of your loved one’s estate. Our entire team will work with diligence and relentlessness to fight so your family receives the justice and fair compensation deserved for a lost family member.
We are determined to move your wrongful death case forward as quickly as we can. South Carolina only affords you a short window of opportunity to file a lawsuit against the at-fault party, so it is important to consult with a lawyer right away. As a digital-first law firm, you can get your case initiated immediately so we can start fighting for you.
HawkLaw’s wrongful death attorneys are dedicated professionals with compassion and empathy for each and every one of our clients. We feel your pain when a loved one is wrongfully taken from you, and we make it our mission to fight for justice and compensation to provide some solace for your loss.
What Are the Most Common Causes of Wrongful Death?
As long as the criteria for grounds have been met for wrongful death, most types of fatal accidents will qualify under South Carolina law. The types of accidents resulting in wrongful death include but are not limited to:
- Car Accidents: In South Carolina there is one fatal collision every 7.9 hours. Every 21.9 hours, a DUI crash involving a driver over the .08 BAC limit kills one person in the state. Your loved one is not just a statistic – our wrongful death lawyers will fight hard to help you get justice.
- Motorcycle Accidents: Motorcycle accidents are common in South Carolina, with one motorcyclist killed every 2.3 days. Motorcycle crashes have high fatality rates not only because of dangerous South Carolina highways, but also because of risks like speeding, less visibility, and nighttime riding.
- Bicycle Accidents: In South Carolina one bicyclist is killed in a traffic accident every 15.9 days. Bicycles are classified as “vulnerable roadway users” by the South Carolina Department of Public Safety, even though cities like Spartanburg, Columbia, Rock Hill and Greenville have all been awarded “Bronze” for Bicycle Friendly Communities by the League of American Bicyclists.
- Pedestrian Accidents: One pedestrian is killed every 1.9 days in the state. In response, South Carolina published its first Pedestrian and Bicycle Safety Action Plan (PBSAP) in 2022 in an attempt to provide safer streets for pedestrians and bicycle users. Unfortunately, pedestrian fatalities still continue.
- Construction Accidents: There were 132 fatal work accidents in South Carolina in 2022 according to the Bureau of Labor Statistics. This represents a trend upwards, with 2022 as one of the deadliest years on record for work accidents in South Carolina since 1999.
- Truck Accidents: Fatal truck accidents occur due to driver fatigue, improper training, unsafe loading practices, and vehicle malfunction, among others. The slight majority of truck accidents in South Carolina do not involve truck driver negligence, but are instead connected to factors like poor roadway design, blind spots and low visibility, and issues caused by other drivers on the road.
- Medical Malpractice: When you trust your doctor, you never expect that you might be better off without their care. Unfortunately, medical malpractice does happen, sometimes with fatal consequences. Missed diagnoses, pharmaceutical errors, lab fraud, negligence or recklessness during surgeries can all lead to the untimely loss of a loved one.
- Slip and Fall Accidents: Slip and falls are the leading cause of injury-related death among Americans aged 65 or older. According to the National Safety Council, falls contributed to over 38,000 deaths across the US in 2021, and continue to be a main source of injury for all ages.
- Defective Products: Defective products can lead to poisoning, disability, loss of vision, life, or limb, and other serious consequences. When products are rushed through safety certifications or sold without appropriate testing, they can have fatal consequences for South Carolina consumers.
- Nursing Home Neglect: There are around 200 nursing homes in South Carolina. While nursing homes are required by law to operate after receiving certification, many unlicensed or improperly run nursing homes hire unqualified caregivers or those with a history of abuse or neglect. This can have fatal implications.
In any of these or other qualifying cases, a family is permitted to bring legal action against the at-fault parties if grounds for wrongful death are met.
Wrongful Death Due to Negligence: How to Prove Liability in South Carolina
If a wrongful death was caused due to another party’s actions or negligence, your wrongful death attorney will build the case around the other party’s actions or failure to act. A wrongful death suit must show the following:
- That the death occurred.
- That the death was caused by another person or entity’s actions or failure to act. This action must be negligent, reckless, or deliberate.
- That the survivors of the deceased incurred financial loss due to such death. Examples include burial costs, funeral expenses, and other financial losses.
Wrongful Death Damages: Types of Damages Awarded in South Carolina
A wrongful death lawsuit payout includes financial compensation, known as damages. Typically, the court awards economic and non-economic damages to the plaintiff (i.e. the person who brings the lawsuit).
Economic Damages are calculable and often comprised of bills you receive due to the loss of a loved one. Examples include medical bills, end of life costs such as doula expenses, funeral expenses, and burial costs.
Non-Economic Damages include pain and suffering, loss of companionship, loss of wisdom, guardianship or guidance, and loss of parental support.
In limited cases, courts also award punitive damages that are not so much intended to compensate you but to punish the person responsible for the death in the hope that this will prevent similar conduct from occurring again. South Carolina law states that “punitive damages may be awarded only upon a finding of actual damages.” Therefore, such damages may be awarded in cases involving drunk driving, unlicensed surgical procedures, or caregiver abuse.
What Are Some Examples of Wrongful Death Damages?
A wrongful death claim in South Carolina should cover the financial losses you have incurred by the death of a loved one. Here are examples of damages you may receive compensation for as your wrongful death case moves forward:
Medical Expenses
Prior to your loved one’s unfortunate loss, you and your family likely incurred medical expenses to treat their condition. You are entitled to receive compensation for medical bills as a part of a wrongful death claim. We can also help you pursue a medical malpractice claim in the event that negligence contributed to the loss of your loved one.
Funeral and Burial Expenses
Funerals and burial plots are expensive. In wrongful death cases, funeral expenses should not be your burden to bear. We will help you fight for reimbursement for these expenses to reduce some of the financial implications of losing someone you love.
Loss of Income
When a loved one is lost, you will be required to take time off from work. In wrongful death cases, this is time and money lost to you for reasons that should not be your financial responsibility. We will help you make the case for compensation to alleviate some of those losses.
Loss of Financial Support and Wages
The loss of a family member can be financially devastating. It is hard enough to think of moving forward with life without your loved one. This can be compounded by worries for your family about its financial future. Courts often award damages to a victim’s family to help them recover from the loss of any financial support provided by the deceased individual.
Loss of Companionship
Family members who lose loved ones must cope with the devastating loss of companionship. The state of South Carolina takes this into consideration for surviving spouses, children, surviving parents, and other beneficiaries.
Should I Contact a South Carolina Wrongful Death Attorney?
Wrongful death cases can be difficult because of the emotions involved for your family as well as the complexity of the claim. It is impossible to put a number on what you have lost from a wrongful death of a loved one, and yet the court will ask you to do just that. Having the right wrongful death lawyer by your side can make everything easier, as well as prevent you from being taken advantage of during a time of grief.
If you need help affording unforeseen financial expenses after the loss of a loved one, HawkLaw may be able to help. The compassionate and caring South Carolina personal injury attorneys at HawkLaw have been dedicated to fighting for the rights of South Carolina families since 2002. We understand the trauma and emotional distress that comes with losing a loved one and want to help. Unfortunately, insurance companies do not always do right by victims because they are often more concerned with financially protecting themselves, not those who are the ones truly suffering.
Our office offers free case evaluations* to anyone who wants to pursue a legal avenue in the form of a wrongful death action to obtain justice for the loss of their loved one. We do not charge a fee for our legal advice unless you are awarded a settlement*.
Do Not Wait to File a Wrongful Death Claim: Contact an Experienced HawkLaw Attorney Today
Once you have lost a loved one, time constraints are the last thing you want to think of, but wrongful death cases that are filed sooner have greater chances of success. HawkLaw attorneys can help build a case for compensation from the party or parties that should be held responsible for your loved one’s death. Our compassionate and experienced attorneys can help protect your family during this time of transition, and fight hard to seek you the justice and compensation you deserve. Talk to us today to learn how.
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John Hawkins is the Founder and CEO of HawkLaw He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe.
