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Last Modified on Jun 11, 2026
If you’re navigating a wrongful death claim in South Carolina, it’s important that you understand your rights and recovery options under state laws. For example, you may be asking, “What is the wrongful death statute of limitations in South Carolina?” If you don’t file your claim within the allotted amount of time, you can forfeit your right to compensation.
It’s recommended that you hire a wrongful death lawyer to represent you in a wrongful death case. Your attorney can help you stay on the right track and secure the compensation you deserve.
South Carolina Wrongful Death Laws
The loss of a loved one can be difficult, especially when another party’s actions were the cause. Under South Carolina law, you may have grounds to open a wrongful death case if you can establish another party’s negligence or intentional wrongdoing and prove that it led to your loved one’s death.
Accidents are the third-leading cause of death across the state of South Carolina. In a single year, there were 6,173 fatalities related to injuries recorded across the state. It’s not enough simply to lose a loved one in an accident to be able to file a wrongful death claim. You must be able to establish fault. It’s wise to hire a wrongful death lawyer to help you understand your legal rights and recovery options under South Carolina law.
Many claims settle through negotiations and other dispute resolution methods. This can be faster than going to court. If litigation is the only answer, you can expect to handle matters through the Circuit Court in your area. Even though the court issues the decision, your final settlement must be approved by your local Probate Court, too. A South Carolina wrongful death attorney can help you.
Wrongful Death Statutes of Limitations in South Carolina
If you wish to file a wrongful death claim after the death of a loved one, you have three years from the date of their death under South Carolina law. Even though you have all this time, it’s highly recommended that you initiate the claims process as soon as possible.
It generally is going to become more and more difficult to file a claim and secure fair compensation as more time passes. By filing your claim right away, you can gain access to important pieces of evidence that may not be available later. It’s highly recommended that you hire a wrongful death lawyer as soon as possible to help you start the process and open their own investigation into the case.
It’s important to note that the statute of limitations is slightly different for wrongful death claims filed against government entities or employees. Under the South Carolina Tort Claims Act, you have two years to file a claim and recover damages in these matters.
FAQs
How Long Does It Take to Settle a Wrongful Death Case in South Carolina?
How long it takes to settle a wrongful death case in South Carolina can depend on the details of the case. Whether the case settles out of court or through litigation is going to have the biggest influence on how long the process takes.
Settling through negotiations and other dispute resolution methods out of the courtroom is typically faster than litigation. Speak with an attorney from Deas Law Firm to get an idea of how long your claim may take.
Who Can File a Wrongful Death Claim Under South Carolina Law?
The only person who can file a wrongful death claim under South Carolina law is the personal representative of the deceased party’s estate. While they are the only party that can file the claim, they are doing so on behalf of the estate.
Any compensation recovered is distributed amongst beneficiaries based on a set legal hierarchy:
- Spouse and children
- Parents
- Heirs
You must designate un-adopted family members and unmarried partners as legal heirs for them to have the same rights.
What Damages Are Recoverable in a Wrongful Death Case in South Carolina?
What damages are recoverable in a wrongful death case in South Carolina depends on the scope and nature of the injured party’s losses. Both economic and non-economic damages are recoverable in South Carolina wrongful death claims. This covers direct costs as well as abstract losses.
Damages are typically not capped unless you are filing a wrongful death claim against a government entity or as a result of medical malpractice. In these cases, there are strict caps on non-economic damages.
How Much Does It Cost to Hire a Wrongful Death Lawyer in South Carolina?
How much it costs to hire a wrongful death lawyer in South Carolina can vary. South Carolina wrongful death attorneys can charge a contingency fee, which they only collect if you are successful in your case.
Your lawyer’s fees are going to be a percentage of your total settlement based on the complexity of your case and the services you require. It’s wise to do your research beforehand to choose the right firm for your case. Call the Deas Law Firm today.
Hire a Wrongful Death Lawyer to Discuss Your Options for Filing a Claim
The loss of a loved one is difficult enough. Instead of trying to file a wrongful death claim on your own while grieving your loss, let a Louisiana wrongful death attorney from Deas Law Firm help you through your case. Your lawyer can assist you in filing your claim and gathering any supporting documentation in order to secure the compensation you deserve. Our goal is to make you whole again.
Our team has over three decades of experience rooted in South Carolina personal injury law. We know what to expect from North Carolina’s insurance adjusters, and we’re not afraid to take matters to court if litigation is the only way forward.
If you’re ready to discuss your case in more detail, we’re here to listen. Reach out to set up a consultation with a member of our team to learn more about how we can help.
