What Constitutes Wrongful Death Under South Carolina Law

South Carolina law (S.C. Code §§ 15‑51‑10 et seq.) defines wrongful death as a death caused by the wrongful act, neglect, or default of another person or entity. The key principle is that if the deceased had had the right to file a personal injury claim had they survived, their family may instead pursue a wrongful death action on their behalf.

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Key Legal Elements in a South Carolina Wrongful Death Claim

Although each case depends heavily on its specific facts, in practice the following legal components often apply:

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Existing cause of action: The statute requires that the wrongful act, neglect, or default “would have entitled the party injured to maintain an action and recover damages” if death had not occurred.

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Duty/Obligation: The at‑fault party owed a legal duty to the decedent (for example, a driver to other road users, a medical provider to a patient, an employer to employees, a property owner to lawful visitors).

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Breach of Duty: The defendant violated that duty through negligent, reckless, or intentional conduct. Examples include running a red light, failing to repair a known hazard, misdiagnosing a medical condition, or ignoring safety regulations.

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Causation: The breach of duty directly caused the death. There must be a clear link between the defendant's actions and the fatal outcome.

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Damages: The death resulted in measurable losses to surviving family members, including financial support, companionship, and funeral expenses.

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Common Types of Wrongful Death Claims

In the Mount Pleasant/Charleston region and beyond, wrongful death cases may arise from many different factual scenarios, including but not limited to:

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• Motor vehicle collisions involving negligent, distracted, or impaired drivers

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• Medical malpractice or negligence by hospitals or medical practitioners

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• Workplace or construction site accidents involving unsafe work conditions or inadequate safety protections

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• Premises liability claims (for example, hazardous conditions on property, inadequate security, drowning incidents on commercial or residential premises)

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• Product liability resulting from defective vehicles, medical devices, or consumer products

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• Recreational accidents like boating or drowning incidents

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• Nursing home abuse or neglect resulting in death

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• Deaths resulting from criminal conduct, where a responsible party’s negligence may also be implicated

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Each category involves specific legal issues and investigations, such as identifying the liable parties, establishing duty and breach, and obtaining expert testimony.

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South Carolina Wrongful Death Statute

In South Carolina, wrongful death claims are governed by Section 15-51-10 of the South Carolina Code of Laws. This law explains who can file a claim, what damages may be recovered, and the procedures that must be followed.

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Who May File the Claim?

Under S.C. Code § 15‑51‑20, a wrongful death action must be brought by the executor or administrator (personal representative) of the deceased person’s estate. Although the action is initiated by the personal representative, the beneficiaries of any recovery are limited to specific family members in the following order:

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1. The deceased person’s spouse and children (if any)

2. If there is no spouse or child, then the deceased’s parent or parents

3. If there is no spouse, child, or parent, then the deceased’s heirs at law

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The wrongful death statute in South Carolina structures who may benefit from the claim and ensures that the personal representative acts on behalf of the appropriate beneficiaries.

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Damages Recoverable in Wrongful Death Cases

Under South Carolina’s Wrongful Death Act, surviving family members may recover damages when the wrongful act, neglect, or default of another caused a person’s death. While no monetary award can fully compensate for the loss of a loved one, the law allows compensation for many of the harms suffered.

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Economic Damages

Economic damages may include measurable financial losses such as:

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• Loss of Future Income: This refers to the deceased person's expected lifetime earnings, adjusted for factors such as age, occupation, education, and career trajectory. This includes salary, benefits, bonuses, and retirement contributions the family would have received.

• Loss of Benefits: This includes health insurance, retirement benefits, and other employment-related benefits that the deceased provided to the family.

• Medical Expenses: These include costs incurred before death, including emergency treatment, hospitalization, surgery, and ambulance transport. These are typically recovered through a survival action.

• Funeral and Burial Expenses: These cover the costs of services, burial or cremation, caskets, headstones, and related expenses.

• Loss of Household Services: This refers to the value of services the deceased provided, such as childcare, home maintenance, cooking, and yard work.

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Economic damages are often calculated using financial records, expert testimony from economists, and projections based on the deceased's earning capacity and life expectancy.

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Non-Economic Damages

Because the death of a person causes intangible harms, South Carolina courts recognize damages for losses such as:

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• Loss of Companionship: This refers to the emotional support, love, guidance, and relationship the deceased provided to spouses, children, and parents.

• Loss of Consortium: This applies to surviving spouses and covers the loss of intimacy, affection, and a sense of partnership.

• Pain and Suffering: In survival actions, this compensation addresses the physical pain and emotional distress the deceased experienced before death.

• Mental Anguish: This covers the grief, sorrow, and emotional trauma family members endure after losing a loved one.

• Loss of Parental Guidance: This applies to children who have lost a parent and reflects the absence of guidance, mentorship, and emotional support throughout their lives.

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Non-economic damages are more subjective and depend on the strength of family relationships, the deceased's role in the family, and the circumstances of the death.

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Exemplary (“Punitive”) Damages

In cases where the wrongful act, neglect, or default resulted from recklessness, willfulness, or malice, the jury may award exemplary damages. These damages are intended to punish and deter egregious misconduct rather than merely compensate survivors. They are awarded only in cases that meet the higher standard of fault.

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How the Recovery Is Distributed

Any award of damages in the wrongful death action must be divided among the eligible beneficiaries (spouse, children, parents, heirs) in the same proportions as if the decedent had died intestate and the recovery had been part of the estate.

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How Damages Are Calculated

Calculating damages in wrongful death cases requires careful analysis. Attorneys typically work with experts to assess:

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• The deceased's age, health, life expectancy, occupation, education, and earning potential

• The deceased’s contribution to the family, financially and through services or care

• The nature and extent of family relationships (e.g., spouse, minor children) and how the death affects them emotionally and functionally

• The specific facts and circumstances leading to death (e.g., shocking event, duration of suffering)

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Expert testimony is commonly used to help translate these considerations into monetary amounts. Ultimately, the jury exercises discretion to award damages proportional to the loss suffered by the beneficiaries.

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