If you have lost a loved one due to someone else’s negligence in South Carolina, understanding your legal rights is a critical first step toward justice. This guide covers South Carolina’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. South Carolina imposes no caps on general wrongful death damages but limits recovery against governmental entities, making the identity of the defendant a critical factor in every case.
South Carolina Wrongful Death Laws
The South Carolina Wrongful Death Statute
South Carolina’s wrongful death law is governed by South Carolina Code § 15-51-10. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
South Carolina imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
South Carolina allows recovery for pecuniary loss, loss of companionship, mental anguish, and funeral expenses. For general wrongful death claims against private defendants, there are no caps. Claims against governmental entities are subject to a $300,000 cap per person under the South Carolina Tort Claims Act. Medical malpractice wrongful death claims are subject to an inflation-adjusted cap on non-economic damages under South Carolina Code § 15-32-220: approximately $500,000+ per defendant (adjusted annually by the Consumer Price Index from the base of $350,000 set in 2005), with an aggregate cap of approximately $1.5 million+ across all defendants combined. Economic damages remain uncapped in all cases.
Survival Action
South Carolina maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in South Carolina
1. Motley Rice LLC
Location: Mount Pleasant, SC (National powerhouse, SC headquarters)
Phone: (843) 216-9000
Website: https://motleyrice.com
Motley Rice is internationally recognized – they were lead counsel for the 9/11 families. Based in South Carolina, they are masters at taking on massive corporate defendants with no damage cap limitations. Their resources are virtually unlimited for high-value wrongful death cases involving defective products, mass disasters, or corporate negligence.
2. Chappell, Chappell & Newman
Location: Camden & Columbia, SC
Phone: (803) 432-2481
Website: https://chappelllaw.net
A highly respected and deeply rooted South Carolina trial firm. They expertly navigate the probate appointment process and aggressively pursue uncapped damages for loss of companionship and mental anguish in fatal auto, trucking, and premises liability cases across the state.
3. The Steinberg Law Firm
Location: Goose Creek, SC (Serving statewide)
Phone: (843) 720-2800
Website: https://steinberglawfirm.com
With over 100 years of combined experience, this firm is a dominant force in personal injury and wrongful death across coastal and inland South Carolina. They have the resources to deploy accident reconstructionists rapidly and are highly skilled at managing both the wrongful death and survival actions simultaneously.
Frequently Asked Questions
Are there caps on general wrongful death damages in South Carolina?
No. For wrongful death claims against private defendants – businesses, individuals, corporations – South Carolina imposes no caps on damages.
What about medical malpractice wrongful death cases?
Medical malpractice wrongful death claims are subject to a cap on non-economic damages under South Carolina Code § 15-32-220. The cap started at $350,000 per defendant in 2005 and is adjusted annually for inflation. The current cap is approximately $500,000+ per defendant and approximately $1.5 million+ aggregate across all providers combined. Economic damages – lost future income, medical expenses – remain uncapped. An experienced medical malpractice attorney will identify all responsible defendants to maximize the aggregate recovery available.
What if the responsible party was a government entity?
If the wrongful death was caused by a South Carolina government employee or agency – such as a negligent municipality, county, or state agency – the South Carolina Tort Claims Act limits recovery to $300,000 per person. This is a significant limitation, and families in these situations should consult an attorney immediately to explore all available legal theories.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
South Carolina’s no caps framework for private defendants and strong survival action provide families with meaningful legal tools. The firms listed above have the resources to maximize recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.