Statute of Limitations on South Carolina Wrongful Death Cases

Helping clients understand the time limits and regulations that relate to their claims

One advantage to hiring an experienced attorney to assist with a wrongful death claim is that the person can provide a wealth of knowledge regarding relevant regulations and statutes. At Marcari, Russotto, Spencer & Balaban P.C. in South Carolina, our lawyers provide this type of advice and insight to all clients considering filing for wrongful death compensation. We understand that no amount of money brings your loved one back — the value in a wrongful death case is ensuring that justice is served.

How much time do I have to file a wrongful death claim?

In SC, unless a special rule applies, you must bring a wrongful death claim within three years of the date of the death in question. However, there are circumstances that can affect the point at which a statute of limitations begins to elapse. Consider the following:

  • Discovery Date Rule: If it was impossible to know that negligence caused the death of your family member at the time, but new evidence or knowledge reveals it, the clock starts ticking as of the date you should have known.
  • Tolling: Set forth either by statute or judicial decision, certain circumstances “toll” — or pause — the statute of limitations until those circumstances no longer apply. The typical example is a minor child, who may bring an action for negligence occurring while a minor within three years of turning 18, regardless of when the negligent act took place.

Who can bring a South Carolina wrongful death action?

In most cases, only the immediate family of the deceased is allowed to file a wrongful death claim on behalf of a deceased loved one. This is usually limited to the immediate family of the deceased — parents, children, spouses or siblings. The court will appoint a guardian ad litem to the case if the surviving family member in question is a minor.

What compensation can be recovered in a South Carolina wrongful death action?

The plaintiffs in a wrongful death action can seek monetary compensation for funeral expenses, loss of future earnings of the deceased, pain and suffering, and loss of companionship or consortium, among other claims. South Carolina law also allows families to sue for survival actions, or compensation for medical expenses the decedent incurred before dying.

Rely on our South Carolina injury lawyers for support filing a wrongful death claim

At Marcari, Russotto, Spencer & Balaban P.C., we bring more than 175 years of combined personal injury law experience to every case we handle. If you have any questions about the South Carolina wrongful death process, call (888) 351-1038 or contact us online today. We offer free consultations and work on a contingency-fee basis.