Wrongful Death Lawyer South Carolina

South Carolina Wrongful Death Lawyer

South Carolina attorney Jonathan Arndt helps families pursue justice through wrongful death and survival claims after a tragic loss.

Compassionate guidance for South Carolina families after a preventable loss
Deep community roots and extensive trial experience from our founder, Attorney Jonathan Arndt

The sudden loss of a loved one is one of the most devastating experiences any family can endure. When another person's negligence, recklessness, or wrongful conduct causes that loss, the knowledge that it didn't have to happen magnifies the pain. In those moments, families need a trusted legal advocate to help them navigate the emotional and legal challenges ahead.

Our team at The Arndt Law Firm has deep roots in the Mount Pleasant community, serving families across the Lowcountry for years. Attorney Jonathan Arndt has extensive litigation experience, representing families in wrongful death cases throughout Charleston County and beyond. A commitment to justice drives his work, ensuring families receive the financial security and accountability they deserve.

Wrongful death cases are never just legal matters; they’re about protecting a loved one’s legacy. Whether the fatal incident occurred on I-26, a construction site in Columbia, or along the scenic highways near Myrtle Beach, an experienced South Carolina wrongful death lawyer can make all the difference.

Wrongful Death Under South Carolina Law

South Carolina law allows families to file a wrongful death claim when another's negligent, reckless, or intentional actions cause a person's death. These claims give surviving family members a legal pathway to pursue justice and compensation.

Governed by South Carolina Code §§ 15-51-10 through 15-51-60
Filed by the personal representative of the deceased’s estate for the benefit of eligible family members

Only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. Still, courts distribute the compensation to eligible family members such as spouses, children, or other heirs. This structure helps ensure the court handles claims in an organized and fair way.

Wrongful death claims may arise from fatal car crashes on Highway 17, medical malpractice in Charleston hospitals, workplace accidents in industrial corridors around Columbia, or dangerous property conditions in commercial spaces. Though each case is unique, the same legal protections apply throughout the state.

Common Causes of Wrongful Death in South Carolina

Wrongful death cases can arise from a wide range of circumstances, many of which occur suddenly and without warning.

Wrongful deaths often stem from preventable incidents involving negligence.
Identifying the cause of death helps build a strong legal claim and pursue accountability.

In South Carolina, common causes include motor vehicle crashes, medical negligence, unsafe property conditions, defective products, workplace accidents, and criminal acts. Each type of incident involves unique legal and investigative considerations, making it crucial to work with an experienced South Carolina wrongful death lawyer who understands how to establish liability and pursue full compensation.

These tragedies often occur on the state’s busiest highways, in hospitals and long-term care facilities, at job sites, and in everyday public spaces. Whether the case involves a collision on I-26 near Charleston, a dangerous fall in a commercial property in Mount Pleasant, or a workplace accident in the Upstate, the underlying principle remains the same: families deserve justice when someone could have prevented their loved one's death.

Motor Vehicle Crashes

Motor vehicle accidents are among the leading causes of death from negligent incidents in South Carolina. According to the South Carolina Department of Public Safety, hundreds of fatal crashes occur each year, often on high-traffic routes like I-95, Highway 17, and I-26. These collisions frequently involve cars, trucks, motorcycles, and pedestrians.

Common contributing factors include:

Distracted or impaired driving
Excessive speed and reckless lane changes
Fatigued or drowsy driving, particularly among commercial truck operators

Motor vehicle crash wrongful death claims often involve complex insurance issues, multiple liable parties, and extensive accident reconstruction.

Medical Malpractice and Negligence

Medical professionals must provide a standard of care that protects patient safety. When errors or neglect lead to preventable deaths, families may pursue medical malpractice wrongful death claims. These cases can involve hospitals, physicians, nurses, or other healthcare providers.

Frequent examples include:

Failure to diagnose or misdiagnosis
Surgical or medication errors

Because medical negligence cases are highly technical, they often require expert testimony to demonstrate how a breach of the standard of care directly resulted in the patient’s death.

Workplace Accidents and Industrial Incidents

Work-related fatalities are another significant source of wrongful death claims, particularly in industries such as construction, manufacturing, and transportation. Industrial and construction sites pose elevated risks of serious injury in areas such as North Charleston, Spartanburg, and Greenville.

Common causes include:

Falls from heights or scaffolding
Equipment malfunctions and machinery accidents
Exposure to hazardous substances or unsafe conditions

While workers’ compensation provides certain benefits, families may also have grounds for additional wrongful death claims against third parties whose negligence caused the fatality.

Dangerous Property Conditions (Premises Liability)

Property owners in South Carolina have a legal duty to maintain safe environments. When unsafe conditions lead to fatal accidents, surviving family members may file a wrongful death claim under premises liability law.

Examples of premises-related wrongful deaths include:

Fatal slip and fall or trip and fall accidents
Inadequate security leading to violent crimes
Collapsing structures or unsafe walkways

These cases often require evidence that the property owner knew, or should have known, about the danger and failed to address it promptly.

Defective and Dangerous Products

Manufacturers, distributors, and retailers may be liable for wrongful deaths caused by unsafe products. This includes vehicles with defective parts, malfunctioning medical devices, hazardous household goods, and other products that fail to meet safety standards.

Product liability claims may involve:

Design defects that make a product inherently unsafe
Manufacturing errors that create dangerous flaws
Failure to provide adequate warnings or instructions

Because these cases often involve large corporations and complex evidence, strong legal representation is essential to holding manufacturers accountable.

Criminal Acts and Negligent Security

Unfortunately, some wrongful death cases stem from intentional harm or violent acts, including assaults, shootings, or other criminal conduct. In addition to criminal prosecution, families may bring a civil wrongful death claim to hold responsible parties financially accountable.

Negligent security claims can also arise when property owners fail to take reasonable measures to protect people from foreseeable harm. This might include inadequate lighting, broken locks, or a lack of security personnel in high-risk areas.

Who Can File a Wrongful Death Claim in South Carolina?

Under South Carolina law, the personal representative of the deceased person’s estate initiates wrongful death lawsuits.

The personal representative of the estate must file the claim.
Damages are distributed to spouses, children, or other eligible heirs.

The deceased's will may name this representative, or the probate court may appoint one if there is no will. The beneficiaries of any compensation typically include surviving spouses and children. Parents or other legal heirs may recover damages if the deceased had no spouse or children. This structure ensures the damages are distributed to those most affected by the loss.

The probate process often plays an early role, with probate courts in Charleston, Dorchester, or Berkeley County overseeing appointments and distributions. Many families also pursue survival actions alongside wrongful death claims to recover damages their loved one sustained before passing.

Recoverable Compensation in a South Carolina Wrongful Death Claim

When a wrongful death occurs, the aftermath can leave families facing not only emotional devastation but also significant financial strain.

Eligible damages may include funeral expenses, lost financial support, and emotional suffering.
Compensation eases the financial impact and recognizes the profound loss experienced by loved ones.

Under South Carolina law, surviving family members may seek various damages that provide stability and acknowledge the depth of their loss. These claims can help families cover immediate costs and secure their financial future after a preventable tragedy.

Economic Damages: Covering Tangible Losses

Economic damages compensate for measurable financial losses resulting from a loved one's passing. This may include:

Medical expenses from the fatal injury
Funeral and burial costs
Lost wages and benefits the decedent would have provided

These damages can make a crucial difference for families who relied on the decedent’s financial or practical support, ensuring they meet their basic needs in the wake of the loss.

Non-Economic Damages: Recognizing Emotional and Human Loss

While financial costs are significant, the most profound impact of wrongful death is often emotional. Non-economic damages may include:

Loss of companionship, love, and emotional support
Loss of parental guidance and care for children
Mental anguish and suffering experienced by surviving family members

South Carolina law allows these damages to reflect the immeasurable void created, honoring the value of the relationship between the deceased and their loved ones.

Punitive Damages: Holding Wrongdoers Accountable

Courts may also award punitive damages in cases involving gross negligence or intentional harm. These damages don't compensate for a loss but punish the responsible party and deter similar conduct in the future. They can be particularly relevant in drunk driving, reckless behavior, or other egregious misconduct cases.

Distribution of Damages in South Carolina

South Carolina law outlines specific rules for how courts distribute wrongful death compensation. Typically, courts award funds to the surviving spouse and children, as well as other close relatives. This process can be legally complex, particularly when multiple family members seek damages.

A skilled South Carolina wrongful death lawyer helps ensure that every eligible beneficiary receives their fair share of compensation.

Strategic Representation to Maximize Recovery

At The Arndt Law Firm, we pride ourselves on our extensive trial experience and deep-rooted knowledge of local litigation practices. This unique combination enables us to craft strong, evidence-based claims on behalf of our clients. We understand the nuances of evaluating both economic and non-economic losses, ensuring we present them clearly and effectively. Our commitment is to help families in South Carolina pursue the full and fair compensation they are entitled to under the law. We stand by our clients every step of the way.

This approach honors a loved one's life and legacy through meaningful legal action.

Statute of Limitations and Legal Deadlines

Wrongful death claims in South Carolina must generally be filed within three years from the date of death. Missing this deadline can permanently bar the family’s right to pursue compensation.

Three-year statute of limitations under South Carolina Code § 15-3-530
Claims against government entities may have shorter notice requirements

Prompt legal action is critical. Evidence can disappear quickly: systems may overwrite traffic camera footage at busy Charleston intersections within weeks, and witness memories can fade. Acting swiftly helps preserve crucial records and strengthens a case.

Different rules may apply when the defendant is a government agency or entity, including shorter notice periods. Understanding and meeting these legal deadlines helps protect a family’s rights.

Comparative Negligence in South Carolina Wrongful Death Cases

South Carolina law allows families to recover damages as long as the deceased is 50% or less at fault for the accident. The law bars recovery if a jury finds the decedent more than 50% at fault.

This rule can significantly affect the outcome of a claim. For example, if a driver were found to be responsible for 20% of a fatal collision on Coleman Boulevard, the total award would be reduced by 20%.

To protect families’ rights, legal teams often rely on accident reconstruction experts, economists, and medical specialists to clarify the facts and present strong evidence. Establishing clear liability can make the difference between partial recovery, full recovery, or none at all.

Why Choose The Arndt Law Firm

Extensive local knowledge and litigation experience
Trusted advocate for families across Mount Pleasant and the Lowcountry

Choosing the right attorney can make a meaningful difference in the outcome of a wrongful death case. The Arndt Law Firm is deeply rooted in Mount Pleasant and has earned the trust of families across Charleston County and South Carolina.

Attorney Jonathan Arndt’s extensive litigation experience includes handling complex cases involving catastrophic truck crashes, unsafe property conditions, and medical malpractice. His local familiarity with Charleston courts, procedures, and insurers helps position families for strong outcomes.

The firm’s philosophy is centered on personalized representation. Each case receives careful attention, transparent communication, and unwavering advocacy, ensuring the firm supports families from the first consultation to the final resolution.

Protecting Your Loved One’s Legacy

Justice and accountability help families move forward with dignity.
The firm offers legal support statewide: Charleston, Columbia, Greenville, and beyond.

The aftermath of a wrongful death is overwhelming, but families in South Carolina have legal rights and options. Pursuing a wrongful death claim can provide financial security and ensure that those responsible are held accountable.

Time is limited, and taking early action matters. Whether the fatal incident happened on a rural road in Berkeley County, at a hospital in Charleston, or at a worksite in Columbia, experienced legal representation can make the process more transparent and less burdensome.

At The Arndt Law Firm, our team is dedicated to standing by South Carolina families during their most challenging moments. We understand that navigating legal issues can be overwhelming, which is why we blend our extensive legal experience with a compassionate, community-focused approach.

Whether you are in Mount Pleasant, Summerville, Florence, or Greenville, we are here to support you every step of the way. You can schedule a confidential consultation with our team to explore your legal options and take the first step toward safeguarding your loved one’s legacy. We are committed to providing the strength and guidance you need during difficult times.

A Trusted South Carolina Wrongful Death Lawyer For Compassionate Legal Support

The Arndt Law Firm offers free and confidential case consultations for families throughout South Carolina.
Jonathan Arndt brings extensive trial experience and a deep understanding of wrongful death claims.

When a preventable tragedy alters the course of a family’s life, legal advocacy can be a powerful tool for seeking accountability and financial security. The Arndt Law Firm works with grieving families across Mount Pleasant, Charleston County, and surrounding communities to help them navigate the complex legal process with clarity and care.

Jonathan Arndt’s proven litigation experience and local insight enable families to pursue fair compensation with confidence. A personalized, respectful approach ensures clients receive the attention and support they deserve during a tough time. Families can schedule a consultation to understand their rights and next steps.

The Legal Process for a Wrongful Death Claim in South Carolina

Losing a loved one unexpectedly is overwhelming, and the legal system can feel daunting in the midst of grief.

Wrongful death claims in South Carolina follow specific procedures and legal deadlines under state law.
Understanding each step helps families protect their rights and build a strong case for justice and compensation.

South Carolina law provides a structured process for families to pursue accountability and financial recovery after a wrongful death. From the initial investigation to the potential trial, each stage requires careful attention to deadlines, evidence, and legal requirements.

A seasoned South Carolina wrongful death lawyer can make this process more manageable and practical, ensuring families have a clear path forward.

Step 1: Investigating the Death and Identifying Liability

Every wrongful death claim begins with a thorough investigation into how the death occurred. Attorneys work with investigators, accident reconstruction experts, medical professionals, and other specialists to determine who is legally responsible.

Common causes include car crashes on I-26 or Highway 17, workplace incidents, defective products, medical negligence, and dangerous property conditions.

This stage often involves:

Gathering police reports, medical records, and witness statements
Examining accident scene evidence and safety violations
Consulting with experts to build a strong foundation for liability

A careful investigation ensures wrongful death attorneys don't overlook any responsible party and back the claim with clear, credible evidence.

Step 2: Appointing a Personal Representative

In South Carolina, the personal representative of the deceased person’s estate, not individual family members, must file the wrongful death lawsuit. They will typically name a representative, or the probate court will appoint one if no will exists.

This step is crucial because it establishes the legal authority to pursue the claim on behalf of all eligible beneficiaries, including spouses, children, and other dependents.

Step 3: Filing the Wrongful Death Claim

Once attorneys complete the investigation and appoint the personal representative, they can file the formal wrongful death lawsuit. This filing includes detailed allegations, evidence of negligence or misconduct, and the damages sought.

South Carolina law generally requires wrongful death claims to be filed within three years of the date of death, as the state’s statute of limitations (S.C. Code § 15-3-530) establishes. Missing this deadline can permanently bar families from pursuing legal action, underscoring the critical need for prompt legal involvement.

Step 4: Negotiation and Settlement Efforts

Many wrongful death claims are resolved through settlement negotiations before going to trial. A wrongful death attorney in South Carolina works to secure a fair resolution that covers both economic and non-economic losses. This may involve discussions with insurance companies, corporate defendants, or government entities.

Settlement negotiations can:

Avoid the emotional toll of a prolonged trial
Provide faster financial relief for families

However, if the other side refuses to offer fair compensation, attorneys may need to proceed with litigation.

Step 5: Litigation and Trial Preparation

When settlement is not achievable, the case proceeds to litigation. This stage involves discovery (the exchange of evidence), depositions, pre-trial motions, and trial preparation.

Jonathan Arndt’s trial background is a significant asset in this stage, providing strategic advocacy in Charleston County and state courtrooms.

Trial preparation includes:

Developing compelling arguments and legal strategies
Presenting expert testimony and evidence
Advocating for maximum compensation and accountability before a judge or jury

Step 6: Judgment and Distribution of Damages

If the case is successful, whether through settlement or a court verdict, the awarded compensation is distributed in accordance with South Carolina’s wrongful death statute. Courts typically distribute funds among the spouse, children, or other eligible family members as the law outlines.

This final stage brings closure and financial stability, ensuring that the legal system acknowledges both the loss and the harm caused by the defendant's actions.

Guidance Through Every Step

Navigating the wrongful death legal process requires both skill and compassion.

The Arndt Law Firm provides families with clear communication, timely action, and aggressive representation when needed. The firm helps ensure attorneys don't miss critical deadlines and fully pursue every opportunity for justice. Families can focus on healing while the firm protects their legal rights with strength and precision.