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Johnathan MUnderstanding Wrongful Death in South Carolina
South Carolina’s wrongful death law is detailed in the SC Wrongful Death Act, S.C. Code § 15-51-10 et seq. Under this law, a wrongful death occurs when a person dies because of the wrongful act, neglect, or default of another person or entity.
Distinguishing a wrongful death claim from a survival action is important. A wrongful death claim seeks compensation for the family, while a survival action pursues damages for the deceased person’s estate for pain and suffering before death. Both claims can often be filed together, and John Crangle can help determine which applies to your situation.
These cases are filed by the personal representative of the deceased’s estate, not individual family members. The personal representative acts for the beneficiaries, usually the surviving spouse and children. If there is no spouse or child, the deceased’s parents may be eligible to recover. The proceeds from a wrongful death claim go to these beneficiaries, not the estate itself.
Common Causes of Wrongful Death
Wrongful death claims arise from various incidents. In Greenville County and across South Carolina, these include:
Car and Truck Accidents
Traffic collisions are a leading cause of fatal injuries in South Carolina, with Greenville County seeing about 71 fatal traffic collisions each year, the highest in the state. If a negligent driver causes a crash resulting in someone’s death, the surviving family may have a wrongful death claim against that driver and possibly their employer or insurer. If you need someone to handle your vehicle collision claim alongside a wrongful death case, John Crangle is here to help.
Large commercial trucks pose unique dangers due to their size and weight. Federal regulations set strict rules regarding driver hours, vehicle maintenance, and cargo loading, and violations can be fatal. John Crangle assists families when a large rig causes harm and a life is tragically cut short.
Medical Malpractice
Healthcare errors are among the top causes of preventable death in the U.S. If a medical provider fails to meet the accepted standard of care, and a patient dies, the family can pursue a wrongful death claim. John Crangle supports families in understanding their rights when a doctor’s mistake results in a loss.
Workplace Accidents
Work environments such as construction sites, warehouses, and industrial facilities can be hazardous. Falls, equipment failures, and toxic exposures can lead to fatal injuries. While workers’ compensation might cover some losses, it often doesn’t cover everything. Third-party claims against equipment manufacturers, subcontractors, or others may be available even when workers’ comp is applicable.
Criminal Acts and Intentional Violence
A wrongful death claim can proceed even if the responsible party faces criminal charges. The criminal case and the civil wrongful death claim are separate. Criminal prosecution requires proof beyond a reasonable doubt, while a civil claim requires a preponderance of the evidence. A not-guilty verdict in a criminal case doesn’t prevent a successful civil claim.
Premises Liability
Property owners must maintain safe conditions for visitors. When hazardous conditions, like a broken railing, unsecured pool, or negligent security, lead to a fatal injury, a wrongful death claim might be possible against the property owner.
What Damages Can a Wrongful Death Claim Recover?
The law recognizes that losing a loved one results in financial and personal losses. Under South Carolina’s wrongful death statute, potential damages include:
Funeral and burial costs: Covering the immediate financial burden on your family
Medical expenses before death: Hospital, emergency, and treatment costs between the incident and death
Loss of income and financial support: The earnings and financial contributions your loved one would have provided
Loss of companionship and consortium: The loss of the relationship and guidance your loved one would have offered
Mental anguish and grief: The emotional suffering experienced by the surviving family members
South Carolina courts consider the full picture of what the family has lost, not just what can be measured financially. John Crangle ensures no category of loss is overlooked when building a wrongful death claim.
South Carolina Law and the Wrongful Death Claim Process
Statute of Limitations
In South Carolina, wrongful death claims must be filed within three years of the date of death. This deadline is strict. Delaying too long can permanently bar your family from recovering compensation. If a government entity is involved, a notice of claim must be filed within six months under the South Carolina Tort Claims Act, making early legal consultation crucial.
Comparative Negligence
South Carolina uses a modified comparative negligence rule under S.C. Code Ann. § 15-38-15. If your loved one was partially at fault for the incident, recoverable damages may be reduced by that percentage of fault. However, as long as your loved one was less than 51% responsible, the family can still recover. Insurance companies may try to inflate a victim’s percentage of fault to minimize payout. Having a lawyer who can counter those tactics is important.
Criminal vs. Civil Cases
When a death is caused by an intentional act or reckless conduct, like a DUI crash or assault, the responsible person may face both criminal prosecution and a civil wrongful death lawsuit. These are handled separately with different legal standards, and pursuing one does not interfere with the other. Sometimes, a criminal conviction can strengthen your civil claim.
What to Do After Losing a Loved One to Someone Else’s Negligence
After a tragedy, legal steps can seem overwhelming. However, certain actions early on can protect your family’s rights:
Preserve accessible evidence: Photos, police reports, medical records, and witness contact details are valuable.
Avoid speaking with the at-fault party’s insurance company: They may try to get a recorded statement or low settlement offer. You’re not required to talk to them.
Obtain the official incident report: This might be a police report, OSHA report, or hospital incident report and is vital.
Document what you know: Memories fade. Write down details about the incident, your loved one’s condition, and any communications.
Contact an attorney early: Prompt legal counsel helps in preserving critical evidence before it disappears.
You don’t need to have everything figured out when you first reach out. John Crangle can help clarify your options and what happened.
How John Crangle Can Help Your Family
Wrongful death cases carry special significance. John Crangle approaches every case with seriousness and sensitivity. He works closely with grieving families in Greenville, Simpsonville, Mauldin, Greer, Easley, Travelers Rest, Anderson, Spartanburg, and throughout Greenville County.
John manages the entire scope of a wrongful death claim: investigating the cause of death, identifying all responsible parties, calculating the full range of damages your family has suffered, and negotiating with insurers. When a fair settlement isn’t possible, he’s prepared for a trial.
There are no upfront fees. John Crangle handles wrongful death cases on a contingency fee basis, which means you pay nothing unless he recovers compensation for your family.
If you’ve lost someone due to another person’s negligence, your family deserves answers and accountability. Get a free case review today and find out how John Crangle can help.