[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/what-is-a-wrongful-death-in-south-carolina\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/what-is-a-wrongful-death-in-south-carolina\/","headline":"What Constitutes a Wrongful Death in South Carolina?","name":"What Constitutes a Wrongful Death in South Carolina?","description":"South Carolina law defines wrongful death as one caused by another party\u2019s \u201cwrongful act, neglect, or default.\u201d A victim\u2019s personal representative (also called the executor) can bring a wrongful death claim against the at-fault party seeking compensation for the decedent\u2019s survivors. Taking legal after losing a loved one...","datePublished":"2024-08-28","dateModified":"2025-10-13","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/#Person","name":"Gary Lemel","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/garylemel-user\/","identifier":10,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/647e6af1d8f8d5c50443a8d8194e4625254b579651867ac1e1355ca917ca0f6e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/08\/couple-mourning.jpg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/08\/couple-mourning.jpg","height":697,"width":1000},"url":"https:\/\/www.mtllawfirm.com\/blog\/what-is-a-wrongful-death-in-south-carolina\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU","name":"Introduction to McKinney, Tucker & Lemel LLC.","description":"McKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/wnoKx5_YQyU\/default.jpg","https:\/\/i.ytimg.com\/vi\/wnoKx5_YQyU\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wnoKx5_YQyU\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wnoKx5_YQyU\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/wnoKx5_YQyU\/maxresdefault.jpg"],"uploadDate":"2023-08-30T19:51:47+00:00","duration":"PT3M19S","embedUrl":"https:\/\/www.youtube.com\/embed\/wnoKx5_YQyU","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":143}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wnoKx5_YQyU#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":2}]},"about":["Wrongful Death"],"wordCount":1073,"articleBody":"South Carolina law defines wrongful death as one caused by another party\u2019s \u201cwrongful act, neglect, or default.\u201d A victim\u2019s personal representative (also called the executor) can bring a wrongful death claim against the at-fault party seeking compensation for the decedent\u2019s survivors.Taking legal after losing a loved one due to someone else\u2019s 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\u2019s estate if the victim died due to another party’s negligence or misconduct. This type of case seeks financial compensation for the victim\u2019s 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\u2019s 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 \u2014 meaning that, given the facts of the case, the only reasonable explanation for the victim\u2019s 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\u2019s death.To prove that a person or entity was negligent in a wrongful death lawsuit, the deceased\u2019s 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\u2019s actions led to the death. To continue the example, the evidence must show the negligent driver hit the deceased\u2019s car because they ran a red light, directly leading to their fatal injuries.The family suffered damages due to the victim\u2019s demise. Relatives must provide proof that they sustained financial losses due to their loved one\u2019s 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\u2019s 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\u2019s personal representative or their lawyer will review evidence like:Police accident or other incident reportsTraffic, security, or CCTV footage capturing the incident as it occurredEyewitness testimonyPhotographs and video from the accident sceneMedical recordsExpert testimony, such as crash reconstruction analyses in fatal car accident casesWhat 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 accidentsTruck accidentsMotorcycle accidentsBicycle and pedestrian accidentsSlip and falls and other premises liability incidentsMedical malpracticeBurnsDefective and unsafe productsAssaults and other instances of intentional harmWho 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 \u2014 also known as the estate’s executor \u2014 can file a wrongful death claim. The representative files the claim on behalf of the victim\u2019s surviving family members, and any funds recovered by the claim will be divided among the survivors according to the state\u2019s intestacy laws.Here\u2019s 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 LawyerHave you recently lost a loved one because of someone else\u2019s 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.Visit Our South Carolina Wrongful Death Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Constitutes a Wrongful Death in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/what-is-a-wrongful-death-in-south-carolina\/#breadcrumbitem"}]}]