Who Can File a Wrongful Death Claim in South Carolina?
Under S.C. Code § 15-51-10, a wrongful death action must be brought by the personal representative of the deceased's estate. However, the damages recovered go to the surviving spouse, children, or parents. The hierarchy matters — and our Charleston-based attorneys know exactly how to structure these claims for maximum recovery.
South Carolina's 3-Year Statute of Limitations
Unlike neighboring Georgia (2 years), South Carolina gives families 3 years to file a wrongful death lawsuit under S.C. Code § 15-3-530. However, don't let this extra year create complacency — evidence disappears fast, and the longer you wait, the harder it is to build a compelling case.
What Damages Are Available?
South Carolina wrongful death claims can recover: medical expenses before death, funeral and burial costs, lost future earnings and benefits, loss of companionship and consortium, pain and suffering of the deceased before death, and punitive damages in cases of egregious conduct.
I-26 and I-526 — Charleston's Most Dangerous Roads
The I-26/I-526 interchange in North Charleston and the US-17 coastal route see disproportionate fatality rates. These roads have documented deficiencies in lighting and guardrails — factors that can be leveraged in wrongful death claims involving government liability.