Wrongful Death Lawsuits in South Carolina
Who can bring a wrongful death claim in South Carolina, the deadline to file, and any limits on damages.
Short answer: The action must be brought by or in the name of the executor or administrator of the estate. It is for the benefit of the surviving spouse and children; if none, the parents; if none, the heirs. S.C. Code §§ 15-51-20, 15-51-40
| Who can sue for wrongful death | The action must be brought by or in the name of the executor or administrator of the estate. It is for the benefit of the surviving spouse and children; if none, the parents; if none, the heirs. The recovery is divided among them in the shares they would take if the person had died without a will. A probate court may deny or limit a parent's share if the parent failed to reasonably support the person during childhood. Source: S.C. Code §§ 15-51-20, 15-51-40 |
|---|---|
| Wrongful death deadline | Three years, beginning on the date of death. Source: S.C. Code § 15-3-530(6) |
| Damage caps | No statutory cap on compensatory damages in general injury cases was found in the damages chapter. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages, and to claims against government entities. Source: S.C. Code Title 15, Chapter 32 |
More South Carolina personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Carolina
- Medical Malpractice Rules in South Carolina
- Car Accident Claims in South Carolina
- Dog Bite Liability in South Carolina
- Sidewalk and Public Property Falls in South Carolina
- Motorcycle Accident Claims in South Carolina
- Pedestrian Accident Claims in South Carolina
- Bicycle Accident Claims in South Carolina
- Uber and Lyft Accident Claims in South Carolina
- Construction Site Injuries in South Carolina
- All South Carolina personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in South Carolina?
The action must be brought by or in the name of the executor or administrator of the estate. It is for the benefit of the surviving spouse and children; if none, the parents; if none, the heirs. The recovery is divided among them in the shares they would take if the person had died without a will. A probate court may deny or limit a parent's share if the parent failed to reasonably support the person during childhood.
How long do you have to file a wrongful death lawsuit in South Carolina?
Three years, beginning on the date of death.
Does South Carolina cap damages in personal injury cases?
No statutory cap on compensatory damages in general injury cases was found in the damages chapter. Caps apply to noneconomic damages in medical malpractice cases, to punitive damages, and to claims against government entities.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.