AI Insights Key Takeaways
- In South Carolina, you generally have 3 years from the date of injury to file a wrongful death claim (S.C. Code § 15-3-530).
- South Carolina follows modified comparative negligence (51% bar): you can recover if you're 50% or less at fault, but your award is reduced — and barred entirely at 51%.
- Schehr Law PLLC represents injured people throughout South Carolina.
- Free consultations; cases handled on contingency — no fee unless we recover for you.
General information, not legal advice. Every case is different — talk to an attorney about yours.
The unexpected loss of a loved one is one of the most difficult experiences a family can endure. When that loss was caused by another person’s negligence, recklessness, or wrongful conduct, surviving family members may have the right to pursue a wrongful death claim under South Carolina law.
At Schehr Law PLLC, we help families throughout South Carolina seek accountability and financial compensation after the tragic loss of a loved one. While no legal action can replace the person you lost, a wrongful death claim can help ease financial burdens and provide a measure of justice.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies as a result of another party’s negligent, reckless, or intentional actions.
Common causes of wrongful death claims include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Drunk driving crashes
- Pedestrian accidents
- Defective products
- Dangerous property conditions
- Workplace accidents
- Medical negligence
South Carolina law allows certain surviving family members to pursue compensation when a loved one’s death could have supported a personal injury claim had they survived.
Who Can File a Wrongful Death Lawsuit in South Carolina?
Under South Carolina law, a wrongful death action is generally brought by the personal representative of the deceased person’s estate on behalf of eligible family members.
Compensation may benefit:
- A surviving spouse
- Children
- Parents
- Other heirs in certain circumstances
Determining who may recover compensation depends on the facts of the case and the family’s legal relationship to the deceased.
Compensation Available in a Wrongful Death Case
A wrongful death claim may allow surviving family members to recover compensation for:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Lost financial support
- Loss of future income
- Loss of companionship
- Loss of care and guidance
- Mental anguish and emotional suffering
In some cases involving particularly reckless conduct, punitive damages may also be available.
Common Wrongful Death Accidents in South Carolina
Fatal accidents occur on roads throughout South Carolina every year.
Many wrongful death cases involve collisions on:
- Interstate 26
- Interstate 20
- Interstate 77
- Interstate 85
- U.S. Highway 17
- U.S. Highway 501
- U.S. Highway 278
Our firm investigates fatal accidents throughout South Carolina, including cases occurring in Greenville, Charleston, Columbia, Myrtle Beach, Rock Hill, Spartanburg, and surrounding communities.
Wrongful Death Representation Across South Carolina
Schehr Law PLLC represents families throughout South Carolina after the loss of a loved one caused by negligence, reckless driving, trucking accidents, motorcycle crashes, dangerous property conditions, and other preventable tragedies.
Our firm serves clients throughout:
- Greenville
- Charleston
- Columbia
- Myrtle Beach
- Rock Hill
- Spartanburg
- Florence
- Anderson
- Summerville
- Hilton Head Island
Whether a fatal accident occurred on Interstate 26, Interstate 20, Interstate 77, Interstate 85, Highway 17, Highway 501, or another South Carolina roadway, our team is prepared to help your family pursue justice and compensation.
How Schehr Law PLLC Can Help
Wrongful death cases often involve complex investigations and significant damages. Our legal team works to uncover the facts, preserve evidence, and build the strongest possible claim on behalf of surviving family members.
We may:
- Obtain police reports
- Review medical records
- Interview witnesses
- Work with accident reconstruction experts
- Analyze financial losses
- Negotiate with insurance companies
- Pursue litigation when necessary
Our goal is to help families pursue the compensation and accountability they deserve.
Why Families Choose Schehr Law PLLC
Families facing a wrongful death case need trusted legal guidance during an incredibly difficult time.
At Schehr Law PLLC, we provide:
- Free consultations
- Personal attention to every case
- Aggressive representation against insurance companies
- Clear communication throughout the process
- Compassionate support for grieving families
We understand the profound impact a wrongful death can have on a family and work tirelessly to pursue justice on your behalf. Contact us today for a free case evaluation.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in South Carolina?
In most cases, South Carolina provides a three-year statute of limitations for wrongful death claims. However, exceptions may apply, and it is important to speak with an attorney promptly.
How much is a wrongful death case worth?
Every case is different. The value of a claim depends on factors such as lost income, the age of the deceased, family circumstances, and the nature of the loss.
Can multiple family members recover compensation?
Yes. South Carolina wrongful death claims are generally pursued on behalf of eligible surviving family members.
What if the accident was partially the deceased person’s fault?
South Carolina follows a modified comparative negligence system. Recovery may still be possible depending on the circumstances.