[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/who-can-file-wrongful-death\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/who-can-file-wrongful-death\/","headline":"Who Can File for Wrongful Death in South Carolina?","name":"Who Can File for Wrongful Death in South Carolina?","description":"South Carolina law recognizes the challenges that people face when their loved one dies due to someone else\u2019s negligence. After all, nobody should ever live through such a terrible situation. The law gives certain surviving family members the right to pursue damages from the party (or parties) who...","datePublished":"2025-07-07","dateModified":"2025-08-26","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/#Person","name":"Jim Tucker","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?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\/2023\/06\/wrongful-death.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/wrongful-death.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/who-can-file-wrongful-death\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=i6astkDCf7I#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=i6astkDCf7I","name":"Punitive Damages in SC Personal Injury Cases - McKinney, Tucker & Lemel LLC","description":"For more information, please visit our website: https:\/\/www.mtllawfirm.com\/blog\/punitive-damages-in-sc-personal-injury-cases\/\n\nMcKinney, 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\/i6astkDCf7I\/default.jpg","https:\/\/i.ytimg.com\/vi\/i6astkDCf7I\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/i6astkDCf7I\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/i6astkDCf7I\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/i6astkDCf7I\/maxresdefault.jpg"],"uploadDate":"2025-07-08T01:58:29+00:00","duration":"PT2M48S","embedUrl":"https:\/\/www.youtube.com\/embed\/i6astkDCf7I","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=i6astkDCf7I#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=i6astkDCf7I#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=i6astkDCf7I&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=i6astkDCf7I#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":7}]]},"about":["Wrongful Death"],"wordCount":1013,"articleBody":"South Carolina law recognizes the challenges that people face when their loved one dies due to someone else\u2019s negligence. After all, nobody should ever live through such a terrible situation. The law gives certain surviving family members the right to pursue damages from the party (or parties) who caused their loved one\u2019s\u00a0wrongful death.In South Carolina, only executors or administrators of a deceased victim\u2019s estate can file a wrongful death claim. If the victim had an estate plan, it will name the executor or administrator. If not, the court will appoint one.The executor or administrator files the wrongful death claim on behalf of the deceased victim\u2019s loved ones. These family members are eligible to recover damages in the claim. The awarding of damages goes, in order, to:Surviving spouse and any children of the deceased victimIf no spouse or child, then to the victim\u2019s surviving parentsIf no spouse, children or parents, then to the heirs of the deceased.Even if a child was an adult at the time of his or her death, the parents can still claim damages in a wrongful death lawsuit in South Carolina. However, if a parent abandoned a child before the child\u2019s 18th birthday, the parent would be barred from recovering damages, regardless of the child\u2019s age at death.What Damages Can You Recover in a South Carolina Wrongful Death Claim?When the executor or administrator brings a wrongful death claim against a party, they are asking that party to pay compensation for the death, or \u201cdamages.\u201d These funds represent the losses which loved ones have incurred as a result of the death.Recoverable damages in a wrongful death claim in South Carolina include:Funeral and burial costsLost income which the deceased victim contributed to the householdLoss of the victim\u2019s care, companionship and protectionMental anguish suffered by surviving loved ones.If the at-fault party acted with extreme negligence, exemplary damages could also be available. These are also called punitive damages. Unlike compensatory damages, these damages are not intended to compensate loved ones for their losses. Instead, they are aimed at punishing the negligent party for their actions and acting as a deterrent to that party and others. For example, in many fatal drunk driving accident cases, surviving family members seek punitive damages.\ufeffWhat Is a Survival Right of Action?Another type of lawsuit that surviving family members may wish to file is a survival action. Like a wrongful death claim, only the executor or administrator can file this type of lawsuit. Unlike wrongful death claims, survival actions do not seek compensation for surviving loved ones. Instead, they demand compensation for harm which the victim suffered before death.People in South Carolina can seek damages in a survival action which include:Costs of any medical treatment related to the injury or illness which caused the victim\u2019s deathPain and suffering which the victim endured before deathOther related out-of-pocket costs incurred by the victim before deathPunitive damages (in exceptional cases).In other words, survival actions can seek the same types of damages which are available in personal injury lawsuits. They are treated like personal injury claims that the victim could have filed if he or she had survived the accident. In a successful survival action, any recovered damages go to the victim\u2019s estate.What Is the South Carolina Statute of Limitations for Wrongful Death Claims?South Carolina, like all other states, places a time limit on when individuals can file wrongful death claims and survival actions. The state sets these limits so people don\u2019t have to go a long period of time with a lawsuit hanging over their head. Time limits also help to prevent courts from becoming backlogged with cases that happened many years ago.Executors and administrators must file wrongful death claims and survival actions within three years of the date of the loved one\u2019s death. If you file a claim after this time period passes, your case will likely be dismissed, and you and your loved ones will be barred from recovering any wrongful death damages.Note: The case does not need to be resolved through settlement or judgment by the three-year deadline. Instead, a person must simply file a claim within that time frame.Three years is not a lot of time. Before you can file a wrongful death or survival claim, your attorney must take a number of critical steps on your behalf. Those steps include:Conducting a thorough investigation to determine negligenceGathering and studying medical documents to calculate damagesIdentifying all available sources of compensationPreparing the claim for compensationFiling all required paperwork in the proper venue.An attorney needs time to complete these steps. So, if you wait too long to consult with an attorney about your case, you may face a time crunch that ultimately hurts your ability to recover just compensation. For this reason, it will serve your best interests to contact an experienced South Carolina wrongful death attorney as soon as you are ready to take legal action after your loved one\u2019s death.We Help Families in Rock Hill to Pursue Wrongful Death DamagesIt\u2019s never easy to lose a loved one. When the death was due to the suspected negligence of someone else, it\u2019s even more difficult to move on. While compensation will never bring back your loved one, it can help you to deal with the financial burden of the loss.If you have lost a loved one and believe someone else was at fault, contact\u00a0McKinney, Tucker & Lemel, LLC. We serve clients in Rock Hill and throughout surrounding communities in South Carolina. We can determine who should be held liable for the death, and we can help you to file your claim in a timely and professional manner. We want to help.\u00a0Contact us\u00a0today for a consultation or get in touch with us online so we can start discussing your case.Visit Our Rock Hill 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":"Who Can File for Wrongful Death in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/who-can-file-wrongful-death\/#breadcrumbitem"}]}]