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At Kinon Law Firm, we focus exclusively on helping injury victims. We’re here to fight for individuals and families who’ve had their lives disrupted by accidents, negligence, or tragedy.

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How Are Car Accident Wrongful Death Claims Handled?

In South Carolina, a wrongful death claim arising from a car accident is a civil action brought by the personal representative of the decedent’s estate against the party whose negligence caused the fatal crash. These claims seek financial compensation for surviving family members. They are governed by specific statutory rules that determine who can recover, what damages are available, and how proceeds are distributed.

What Constitutes Wrongful Death in South Carolina?

A wrongful death occurs when a person dies because of the wrongful act, neglect, or default of another party. In car accident cases, that usually means a driver caused the fatal crash through negligence, recklessness, or intentional misconduct. The legal standard mirrors what would have applied had the victim survived and pursued a personal injury claim themselves.

Who Can File a Wrongful Death Claim in South Carolina?

Only the personal representative of the deceased’s estate has the legal authority to file a wrongful death lawsuit in South Carolina. Although the representative files the action, any compensation recovered is distributed to specific surviving family members in this order of priority:

  • The surviving spouse and children
  • The surviving parents, if there is no spouse or child
  • The heirs at law, if no spouse, child, or parent survives

What Compensation Is Recoverable in a Car Accident Wrongful Death Claim?

Damages in a wrongful death claim compensate surviving family members for what they personally lost when their loved one died. Recovery may include both economic and non-economic losses tied to the family’s grief and financial hardship:

  • Funeral and burial costs
  • Future earning capacity
  • Loss of companionship, care, and guidance
  • Mental anguish suffered by the surviving family
  • Loss of the experience, knowledge, and judgment of the deceased
  • Punitive damages in cases involving gross negligence

Wrongful Death Statute of Limitations in South Carolina

A wrongful death lawsuit must generally be filed within three years of the date of death. Missing that deadline almost always bars the family from recovering anything, regardless of how strong the underlying evidence of negligence may be.

What Is the Difference Between Wrongful Death and Survival Actions in South Carolina?

A wrongful death claim compensates surviving family members for the losses they experience because of the death. A survival action, governed by South Carolina Code Section 15-5-90, compensates the decedent’s estate for the harm the victim personally endured between the time of injury and death, including conscious pain and suffering, medical expenses, and lost wages during that period. Both claims often arise from the same fatal collision and are frequently pursued together.

Contact Our Car Accident Wrongful Death Lawyer Today

Losing a family member in a preventable crash leaves wounds that no settlement can fully heal, but holding the responsible party accountable can lift the financial weight pressing down on your family during an already devastating time. Insurance companies move quickly to limit payouts in fatal accident cases, and your family deserves a steady, knowledgeable voice protecting its interests.

Call Kinon Law Firm at 843-488-9191 or reach out online to schedule your free consultation with our compassionate wrongful death lawyers in South Carolina who can review the circumstances of your loss and explain the legal options available to your family.

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