All Laws Decoded

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 deathThe 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.
Wrongful death deadlineThree years, beginning on the date of death.
Damage capsNo 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.

More South Carolina personal injury & wrongful death

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.