South Carolina law defines wrongful death as one caused by another party’s “wrongful act, neglect, or default.” A victim’s personal representative (also called the executor) can bring a wrongful death claim against the at-fault party seeking compensation for the decedent’s survivors.
Taking legal after losing a loved one due to someone else’s negligence can feel unbearable, but recovering compensation can provide a measure of financial security for family members as they move forward in life. An experienced lawyer can explain your legal options and what to expect if you choose to file a wrongful death claim in South Carolina.
What Is the Difference Between Wrongful Death and Criminal Homicide Cases?
While the terms wrongful death and homicide might seem very similar, they are two separate causes of legal action. A wrongful death in South Carolina is a civil action meant to redress a wrong done to individuals. By contrast, criminal action for homicide is intended to redress a wrong done to society as a whole.
In South Carolina, wrongful death claims are brought by the personal representative of the victim’s estate if the victim died due to another party’s negligence or misconduct. This type of case seeks financial compensation for the victim’s survivors or their estate. The primary goal is to offset the ways the deceased’s death has harmed their survivors, from immediate expenses like funeral expenses to longer-term concerns like loss of financial support and pain and suffering.
The standard of proof in a wrongful death case is lower than in a criminal case. You must demonstrate the at-fault party’s responsibility by a preponderance of the evidence, which means that it’s more likely than not that the defendant’s actions led to the deceased’s death.
By contrast, a criminal homicide case is prosecuted by the state against a person accused of unlawfully killing someone else. Homicide encompasses charges like murder or manslaughter, and the purpose is to seek justice through penalties such as imprisonment or fines. The burden of proof is much higher in a criminal case, which requires proof beyond a reasonable doubt — meaning that, given the facts of the case, the only reasonable explanation for the victim’s death is that the defendant killed them. Notably, a criminal homicide case focuses on punishing the offender rather than providing financial relief to the victim’s family.
What Elements Must Be Proven in a Wrongful Death Claim?
The elements that must be proven in a wrongful death claim depend on the facts of the case. Most wrongful death cases are based on the legal concept of negligence, meaning that the at-fault party failed to act with appropriate care and caused the victim’s death.
To prove that a person or entity was negligent in a wrongful death lawsuit, the deceased’s personal representative (or their attorney) will need to show:
- The responsible party owed the deceased a duty of care. For example, all drivers must follow traffic laws to avoid harming other road users.
- They breached that duty. If the at-fault party runs a red light, they breach their duty to their fellow motorists.
- The at-fault party’s actions led to the death. To continue the example, the evidence must show the negligent driver hit the deceased’s car because they ran a red light, directly leading to their fatal injuries.
- The family suffered damages due to the victim’s demise. Relatives must provide proof that they sustained financial losses due to their loved one’s untimely passing.
Wrongful death cases can be based on legal theories other than negligence, such as strict liability and intentional harm. If you believe someone else is to blame for your loved one’s death, an experienced wrongful death attorney in South Carolina can review your case and explain your options to you.
What Evidence Can Prove a Wrongful Death?
To prove that a death was wrongful, the deceased’s personal representative or their lawyer will review evidence like:
- Police accident or other incident reports
- Traffic, security, or CCTV footage capturing the incident as it occurred
- Eyewitness testimony
- Photographs and video from the accident scene
- Medical records
- Expert testimony, such as crash reconstruction analyses in fatal car accident cases
What Are Common Causes of Wrongful Deaths in South Carolina?
In essence, a wrongful death case is the personal injury claim the victim could have filed had they survived their injuries. Common incidents that give rise to wrongful death lawsuits in South Carolina include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Slip and falls and other premises liability incidents
- Medical malpractice
- Burns
- Defective and unsafe products
- Assaults and other instances of intentional harm
Who Can File a Wrongful Death Claim in South Carolina?
The parties who can bring a wrongful death suit vary from state to state. In some, specific survivors have the right to file, and usually in a specific order. In South Carolina, only the personal representative of the deceased’s estate — also known as the estate’s executor — can file a wrongful death claim. The representative files the claim on behalf of the victim’s surviving family members, and any funds recovered by the claim will be divided among the survivors according to the state’s intestacy laws.
Here’s what that means for the following survivors:
- Spouse: If the deceased person has a spouse and no children, the spouse gets the entire sum. If the deceased has surviving children, the spouse gets half.
- Children: If the deceased has a living spouse, that spouse gets half the recovered sum, and the children split the other half equally. If there is no surviving spouse, the entire sum is shared equally among all surviving children.
- Parents: If the deceased has no surviving spouse or children, the parents get the entire sum.
If the state has no spouse, children, or parents, other heirs become the beneficiaries of a wrongful death action.
Contact a South Carolina Wrongful Death Lawyer
Have you recently lost a loved one because of someone else’s wrongful act? If so, the legal team at McKinney, Tucker & Lemel, LLC wants to hear from you. Our South Carolina wrongful death attorneys are committed to helping people in positions like yours demand justice and secure the compensation they need to move on with dignity. Call or contact us today for a confidential consultation.
