South Carolina Wrongful Death Attorney

The sudden loss of a loved one can bring overwhelming grief, medical bills, funeral expenses, and the loss of financial support. If negligence, such as a car accident, hit by a drunk driver, medical malpractice, or a workplace incident, caused your loved one’s death, you may have a wrongful death claim under South Carolina law. Acting promptly can help preserve evidence and meet filing deadlines.

At Marcari, Russotto, Spencer & Balaban, our wrongful death attorneys help families across Charleston, Columbia, Greenville, and throughout South Carolina pursue compensation for medical expenses, funeral costs, loss of companionship, and pain and suffering. We handle the legal process so you can focus on your family during this difficult time.

“Great people, great help! Mrs.Shelia Hemingway and Mr.Brad Balaban are definitely recommended!! A+ work thank you for all your help!” —Joseph R.

Do You Need a Wrongful Death Attorney in South Carolina?

Losing a loved one to someone else’s negligence or wrongful act can change every aspect of your life. In South Carolina, only the personal representative of the deceased’s estate, named in a will or appointed by the probate court, can file a wrongful death claim. Taking action without delay helps protect your legal rights and preserve important evidence.

The wrongful death attorneys at Marcari, Russotto, Spencer & Balaban work with investigators and experts to build strong cases. We handle both wrongful death and survival actions, manage probate court requirements for any settlement, and address challenges involving insurance companies, court procedures, and government entities when applicable.

Our firm has decades of combined experience representing families in South Carolina. We focus on guiding you through each step of the process and negotiating for fair compensation so you have knowledgeable representation from start to finish.

Why Choose Marcari, Russotto, Spencer & Balaban for Your Wrongful Death Lawyer

At Marcari, Russotto, Spencer & Balaban, our law firm represents families across the Carolinas and Virginia who have lost loved ones because of negligence. With more than 200 years of combined experience in personal injury law, our attorneys are dedicated to helping clients pursue compensation for their losses.

We work on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover compensation for you. Our team is available 24/7 and can meet with you when and where it is most convenient. We value clear and honest communication, keep you updated throughout your case, and remain committed to pursuing the best possible outcome for your family.

Testimonials

“My first experience dealing with a personal injury case, Brad Balaban walked me through each and every step, and made sure I got the therapy and medical assistance I needed to recover from the car wreck. He also handled matters in a candid and professional manner, and made sure I got the most for my case. Always responded to my emails calls and texts promptly, I would highly recommend this team.” — Julie H.

“I was very impressed with their professionalism and knowledge. The team handled my case with care and kept me informed throughout the process. Anne was attentive, communicative, and dedicated to getting the best possible outcome for me. Thank you!!!!” — Alisa H.

Common Causes of Wrongful Death in South Carolina Accidents

Wrongful death claims in South Carolina arise when a person’s negligent, reckless, or intentional actions cause another person’s death. Many of these cases involve accidents and incidents that could have been prevented.

• Motor vehicle accidents: Crashes involving cars, trucks, motorcycles, pedestrians, or bicyclists are a leading cause of wrongful death in South Carolina. Factors such as speeding, distracted driving, and driving under the influence frequently contribute to fatal injuries.
• Workplace and construction accidents: Falls, equipment malfunctions, and inadequate safety measures can result in deadly injuries. Employers and contractors may be liable when they fail to follow required safety regulations.
• Boating accidents: South Carolina’s lakes, rivers, and coastal waters see fatalities linked to reckless vessel operation, alcohol use, or lack of proper safety equipment.
• Defective products: Faulty consumer goods, vehicles, tools, or safety equipment can cause fatal harm, leading to potential product liability claims.
• Medical malpractice: Failure to provide the accepted standard of medical care can result in fatal misdiagnoses, surgical mistakes, or treatment errors.

Marcari, Russotto, Spencer & Balaban investigates the cause of death, identifies all potentially liable parties, and builds strong claims supported by accident reports, medical records, and expert testimony. Our attorneys handle both wrongful death and survival actions to pursue the full range of compensation available under South Carolina law.

How South Carolina Law Defines a Wrongful Death Claim

Under South Carolina law, a wrongful death occurs when another person’s negligent, reckless, or intentional actions cause a death that could have supported a personal injury claim if the victim had survived.

These claims follow similar legal principles as personal injury cases. To succeed, the personal representative of the estate must prove four elements:

• Duty: The at-fault party had a legal duty to act with reasonable care.
• Breach: That duty was not met.
• Causation: The breach directly caused the death.
• Damages: The family and the estate suffered measurable losses.

The personal representative files the claim on behalf of eligible surviving family members, such as a spouse, children, or parents. A survival action seeks damages the deceased suffered before death, including medical bills, lost wages, and pain and suffering. Recovery from a survival action is distributed through the estate.

Marcari, Russotto, Spencer & Balaban guides families through both wrongful death and survival claims, helping them understand their rights, gather the evidence needed to prove each element, and complete any required probate court steps.

Wrongful Death and Survival Actions in South Carolina: Key Differences and How We Can Help

Under South Carolina law (S.C. Code § 15-51-10 for wrongful death and S.C. Code § 15-5-90 for survival actions), these two claims serve different purposes but can be filed together after a fatal accident.

Both claims must be filed by the personal representative of the estate. Pursuing them together can help address the full scope of losses and meet strict filing deadlines.

The attorneys at Marcari, Russotto, Spencer & Balaban are experienced in handling both types of claims under South Carolina law. We guide personal representatives through the legal process, gather the evidence needed to prove liability, and work to recover compensation that reflects the true impact of your loss.

Who Can File a Wrongful Death Lawsuit in South Carolina?

In South Carolina, only the personal representative of the deceased’s estate may file a wrongful death lawsuit. This person is either named in the deceased’s will as the executor or appointed by the probate court as the administrator.

Compensation from a wrongful death claim is not part of the estate. Instead, it is distributed directly to surviving family members under South Carolina’s intestate succession laws. Typically, the surviving spouse and children share the recovery. If there is no spouse, the children receive the entire amount. If there are no children, the surviving parents are next in line. If none of these family members are living, other legal heirs may receive the proceeds.

At Marcari, Russotto, Spencer & Balaban, we help personal representatives meet all legal requirements, file the necessary claims, and work to recover compensation on behalf of eligible family members.

Important Evidence in a South Carolina Wrongful Death Case

A strong wrongful death claim depends on clear, well-documented evidence. Examples include:

• Accident reports: Police reports, scene photographs, and diagrams that explain how the incident happened
• Medical records and testimony: Documentation showing the cause of death, the medical care provided, and any pain or suffering before death
• Witness statements: Accounts from people who saw the incident or know important details
• Income records: Pay stubs, tax returns, and estimates of future lost earnings and benefits
• Personal records: Photos, videos, and other materials that show the deceased’s role in the family
• Insurance documents: Information about any available coverage
• Evidence of reckless behavior: Proof that may support additional damages when allowed by law

In South Carolina, any settlement in a wrongful death or survival action must be approved by a court. Depending on where the case is filed, this could be the probate court, circuit court, or federal court. The court also reviews attorney’s fees, litigation costs, and the proposed distribution of compensation to eligible family members.

Marcari, Russotto, Spencer & Balaban gather and organize this evidence for clients, working to present a complete and accurate picture of what happened and its impact on the family.

Burden of Proof in a South Carolina Wrongful Death Case

In South Carolina, the personal representative must prove that the defendant’s actions more likely than not caused the death. The claim must show that the defendant had a duty of care, failed to meet that duty, and that this failure directly led to losses for the family or the estate.

Marcari, Russotto, Spencer & Balaban works with clients to collect and present the evidence needed to meet this legal standard.

Damages Available in a South Carolina Wrongful Death Case

South Carolina law allows families to recover both economic and non-economic losses through a wrongful death claim, which is brought by the personal representative on behalf of surviving family members.

Wrongful death damages (payable directly to surviving beneficiaries) may include:

• Loss of the deceased’s financial support and future income
• Loss of household services and contributions
• Emotional pain, mental anguish, and grief experienced by the family
• Loss of the deceased’s companionship, guidance, care, and protection
• In certain cases, punitive damages to punish willful, wanton, or reckless conduct

Survival action damages (payable to the estate and distributed through probate) may include:

• Medical expenses related to the injury or illness prior to death
• Lost wages the deceased could have earned before passing
• Conscious pain and suffering experienced by the deceased prior to death

Funeral and burial expenses may be claimed in either the wrongful death or survival action, but not both. The court verifies these expenses are not recovered twice.

In limited situations, the court may award additional damages to address willful or reckless conduct. South Carolina generally does not cap compensatory damages in wrongful death cases based on ordinary negligence. However, if the case involves medical malpractice, state law imposes a cap on non-economic damages, which is adjusted annually.

Marcari, Russotto, Spencer & Balaban helps families identify all potential damages to pursue a full and fair recovery under the law.

Time Limits for Filing a Wrongful Death Claim in South Carolina

South Carolina law sets strict deadlines for filing wrongful death and survival actions:

• Three years from the date of death for most claims
• Two years if the case is against a government agency or employee, with formal notice often required within one year

Medical malpractice cases may have different rules, but no claim can be filed more than six years after the act that caused the death.

Some situations allow more time, such as when the claimant is a minor, is mentally incapacitated, or when the at-fault party actively hid their wrongdoing. Missing the deadline will almost always result in the case being dismissed.

How Insurance Companies Handle Wrongful Death Claims in South Carolina

Insurance companies often try to settle wrongful death claims quickly and for less than their full value. They may dispute who was at fault, question the amount of damages, or delay payment.

Once you establish an attorney-client relationship with us, our experienced wrongful death attorney can handle communication with the insurance company, gather and present evidence to support the claim, and negotiate for fair compensation. This helps protect families from tactics designed to reduce the payout.

Marcari, Russotto, Spencer & Balaban works to present a complete and accurate case to insurers, supported by accident reports, medical records, and expert opinions. If negotiations do not lead to a fair settlement, we are prepared to continue pursuing the claim through the legal process.

Mistakes to Avoid in a Wrongful Death Case

Even strong wrongful death cases can be harmed by procedural errors or missed deadlines. Common mistakes include:

• Filing late: Missing the statute of limitations usually ends the case, even if the evidence is strong.
• Wrong person filing: In South Carolina, only the personal representative of the estate can file the claim. If another family member files, the case may be dismissed.
• Not preserving evidence: Waiting too long to collect photographs, video footage, or witness statements can result in lost proof.
• Accepting a quick settlement: Early offers from insurance companies are often far less than the claim’s true value.
• Ignoring court rules: Courts have strict requirements for documents, deadlines, and evidence. Mistakes can delay or jeopardize the case.

Marcari, Russotto, Spencer & Balaban helps clients avoid these mistakes by managing deadlines, gathering and preserving evidence, and handling every required filing and court procedure.

Talk to a South Carolina Wrongful Death Attorney About Your Case

If you have experienced the death of a loved one due to someone else’s actions, we’re here to help you. Navigating a wrongful death claim can feel overwhelming, especially while coping with grief. Whether the loss was caused by a car accident, medical malpractice, workplace incident, or defective product, South Carolina law provides a path to seek justice and financial recovery for your family.

The attorneys at Marcari, Russotto, Spencer & Balaban represent families throughout Charleston, Columbia, Greenville, and across South Carolina. We focus on gathering the right evidence, meeting every legal deadline, and pursuing fair compensation for your losses.

If you have questions about your rights or believe you may have a wrongful death claim, contact us for a free case evaluation. Call 855-435-7247 or reach us through our contact form to speak with a member of our legal team.