Losing a family member because of another person’s negligence is devastating, and South Carolina law recognizes that certain surviving family members deserve the ability to seek accountability and compensation. But wrongful death claims come with specific rules about who is legally allowed to file — and understanding those rules early can make a meaningful difference in how quickly a grieving family can move forward.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit brought when a person’s death is caused by the negligent, reckless, or intentional actions of another party. In South Carolina, wrongful death claims commonly arise from:
- Fatal car, truck, or motorcycle accidents
- Medical malpractice
- Defective products
- Nursing home neglect or abuse
- Fatal slip and fall or premises liability incidents
- Boating and train accidents
Who Is Legally Allowed to File?
Under South Carolina’s wrongful death statute, the claim must generally be brought by the personal representative (sometimes called the executor or administrator) of the deceased person’s estate. This is an important distinction — even a surviving spouse or adult child typically cannot file the lawsuit personally unless they have also been appointed as the estate’s personal representative through the probate court.
However, the compensation recovered through a wrongful death claim is intended to benefit specific surviving family members, generally in the following order of priority:
- The surviving spouse and children
- If there is no spouse or children, the deceased’s parents
- If there is no spouse, children, or parents, the heirs of the deceased as determined under South Carolina’s intestacy laws
This means that while only the personal representative can bring the lawsuit, the financial recovery is distributed to the family members the law identifies as beneficiaries — not necessarily kept by the estate itself.
What If There’s a Dispute Over Who Should Serve as Personal Representative?
It’s not uncommon for families to disagree about who should be appointed personal representative, especially in blended families or when there’s no will. If the deceased had a will naming an executor, that person typically has priority to serve. Without a will, South Carolina’s probate court will appoint an administrator, often prioritizing a surviving spouse or adult child. An attorney can help guide families through this process so that the wrongful death claim isn’t delayed by disputes over estate administration.
How Wrongful Death Differs From a Survival Action
Many people are surprised to learn that South Carolina also allows for a separate but related legal claim called a “survival action,” which compensates for the losses the deceased person experienced between the time of injury and death — such as their own pain and suffering or medical bills — rather than the losses experienced by surviving family members. Both claims are often pursued together following a fatal accident. We explain the distinction in more detail in our upcoming post on wrongful death versus survival actions in South Carolina.
Why Timing Matters
South Carolina imposes a statute of limitations on wrongful death claims, generally requiring the lawsuit to be filed within a set number of years from the date of death. Because these cases also require appointing a personal representative through probate court before a lawsuit can even be filed, families should not wait to consult an attorney. Delays in starting the probate process can eat into the time available to pursue a claim.
Wrongful Death Cases Require Compassion and Experience
At Sabb Law Group, we understand that no legal outcome can undo the loss of a loved one. Our goal is to handle the legal process with care while pursuing full accountability from the parties responsible — whether that involves a negligent driver on a South Carolina highway, a healthcare provider, or a negligent property or business owner in Kingstree, Lake City, or the surrounding communities. To learn more about how we handle these cases, visit our Wrongful Death practice area page.
Frequently Asked Questions
Can more than one family member file or benefit from a wrongful death claim? Only one personal representative files the lawsuit on behalf of the estate, but the compensation recovered is generally distributed among the eligible surviving family members identified under South Carolina law, such as a spouse and children.
What damages can be recovered in a South Carolina wrongful death claim? Damages often include funeral and burial expenses, loss of the deceased’s income and financial support, loss of care and companionship, and the survivors’ mental anguish. We’ll cover this topic in greater depth in an upcoming post on damages available in South Carolina wrongful death lawsuits.
Do we need to go through probate before filing a wrongful death claim? Generally, yes. A personal representative must be appointed through the probate court before a wrongful death lawsuit can be filed, which is why it’s important to begin that process quickly after a loved one’s death.
Speak With a South Carolina Wrongful Death Attorney
If your family has lost a loved one due to someone else’s negligence, you don’t have to navigate the legal process alone. Contact Sabb Law Group today for a free, compassionate consultation to discuss your family’s legal options.
