Charleston Wrongful Death Lawyer
When someone dies because of another person’s or company’s negligence, South Carolina law gives the deceased’s estate the right to pursue a wrongful death claim under SC Code §15-51-10. A wrongful death lawyer investigates what happened, establishes who is liable, works with the estate through any necessary probate steps, and pursues full compensation for the family members left behind.
Every type of wrongful death case in South Carolina.
Wrongful death claims arise whenever negligence or intentional misconduct causes a death that would not otherwise have occurred. Joe Cunningham Law represents families across South Carolina in cases involving:
- Car accident deaths
- Truck and commercial vehicle accident deaths
- Motorcycle accident deaths
- Workplace and construction accident deaths
- Medical malpractice deaths (surgical errors, misdiagnosis, medication errors, failure to treat)
- Nursing home and elder care neglect deaths
- Drowning and swimming pool accidents
- Slip and fall or premises liability deaths
- Defective product and product liability deaths
- Pedestrian and bicycle accident deaths
- Boating and watercraft accident deaths
Wrongful death cases often run alongside other claims — a survival action, a workers’ compensation claim, or a product liability case. We assess every available avenue from the first conversation.
What the law gives the family — and how it works.
South Carolina’s wrongful death statutes are specific about who can file, what can be recovered, and how compensation is distributed.
The South Carolina Wrongful Death Act SC Code §15-51-10
SC Code §15-51-10 through §15-51-60 creates a cause of action for the benefit of the deceased’s statutory beneficiaries — specifically the spouse, children, and parents. The claim is filed by the personal representative of the deceased’s estate.
Under §15-51-40, recoveries are distributed to the deceased’s heirs at law following South Carolina’s intestacy statutes. The spouse and children share the recovery in proportions set by those statutes.
The Wrongful Death Claim vs. the Survival Action SC Code §15-5-90
The wrongful death claim compensates the surviving family members for their losses going forward: lost income, companionship, grief, and mental anguish.
The survival action (§15-5-90) is a separate claim. It preserves causes of action the deceased would have had if they had lived — pain and suffering and medical bills incurred between the injury and death.
Both claims can and should be brought together. They address different harms, cover different damages, and are worth pursuing in parallel.
Statute of Limitations SC Code §15-3-530
Three years from the date of the deceased’s death. Claims against government entities require written notice of claim within 180 days under the SC Tort Claims Act.
Modified Comparative Fault SC Code §15-38-15
If the deceased shared some responsibility for what happened, the estate can still recover as long as the deceased’s fault does not exceed 50%. The award is reduced by the deceased’s percentage of fault.
Wrongful death cases involve two separate but related claims — the wrongful death action for the family’s losses, and the survival action for the deceased’s own losses before death. Pursuing only one means leaving compensation on the table.
From first call to resolution — handled with care.
Wrongful death cases require careful coordination between the legal claim, the estate, and the family. Here is what to expect.
Free consultation
We review the facts, explain both the wrongful death claim and the survival action, and assess whether both apply to your situation. No charge, no obligation.
Investigation and evidence preservation
We act quickly to gather what exists: accident report, photographs, surveillance footage, witness statements, employment and wage records. Spoliation letters go out early to prevent destruction of evidence.
Establishing liability
We retain the experts necessary to prove what happened — accident reconstructionists, medical experts, vocational economists to document lost future earnings.
Probate and estate coordination
We work with the personal representative of the estate and coordinate with a probate attorney where needed to ensure the claim is properly filed.
Demand
Documented lost income, funeral expenses, medical bills incurred before death, and full non-economic damages for each beneficiary.
Negotiation
We negotiate from a position of full preparation. The majority of cases resolve at this stage.
Litigation, if necessary
Joe Cunningham is a trial attorney. Taking a wrongful death case to a jury is part of the case strategy from day one, not a last resort.
Economic damages
- Lost income the deceased would have earned over their working life
- Lost benefits (health insurance, pension, retirement)
- Medical bills incurred before death (brought through survival action)
- Funeral and burial expenses
- Loss of household services
Non-economic damages
- Loss of companionship
- Grief and mental anguish
- Pain and suffering of the deceased (via survival action, §15-5-90)
Punitive damages
Under SC Code §15-32-520, punitive damages are capped at $500,000 or three times the compensatory award, whichever is greater. They do not apply in every case, but when the facts support them, they can significantly change the value of a claim.
A trial attorney who handles these cases with the gravity they require.
Wrongful death cases require a different level of care. The person who suffered most cannot speak for themselves. Joe Cunningham is a trial attorney admitted in South Carolina and the U.S. District Court for the District of South Carolina, and a former U.S. Congressman who represented South Carolina’s 1st Congressional District in the 116th Congress.
The firm is not a volume practice. Wrongful death cases demand real investigation, expert coordination, and preparation for trial from the first day — not a form letter to the adjuster. Every family that comes to Joe Cunningham Law gets an attorney who knows their case.
U.S. District Court, D.S.C.
Questions we hear before every first call.
Under SC Code §15-51-40, the personal representative (executor or administrator) of the deceased’s estate files the claim on behalf of the statutory beneficiaries — the spouse, children, and parents.
Wrongful death (§15-51-10) compensates surviving family members for their own losses — lost companionship, income, and grief. The survival action (§15-5-90) preserves claims the deceased would have had if they lived, including pain and suffering before death. Both should be brought together.
Three years from the date of death under SC Code §15-3-530. If a government entity is involved, written notice of claim is required within 180 days under the SC Tort Claims Act.
The estate can still recover under SC Code §15-38-15 as long as the deceased’s fault does not exceed 50%. The award is reduced proportionally.
Under §15-51-40, distributed to heirs at law following South Carolina’s intestacy statutes. The spouse and children share the recovery in proportions set by those statutes.
Yes. Criminal prosecution and civil wrongful death are entirely separate proceedings with different standards of proof. A criminal acquittal does not bar a civil claim.
Cases with clear liability typically resolve in 8–18 months. Disputed liability or litigation: 2–4 years.
Sometimes. The estate must be opened in probate court. In more simple estates, we coordinate directly with the personal representative.
We investigate every available source of coverage: employer liability, property owner liability, product manufacturer, and UM/UIM policies where applicable.
Nothing upfront. You only pay if we win.
Preserve everything: photographs, correspondence, medical records, any physical evidence. Do not give recorded statements to any insurance company or the defendant’s representatives before speaking with an attorney.
Medical malpractice wrongful death cases have additional procedural requirements, including an expert affidavit requirement under South Carolina law. These cases are handled on a case-by-case basis.
Talk to a Charleston wrongful death lawyer.
If you lost a family member because of someone else’s negligence, we are ready to help. No charge for the consultation. No fee unless we recover for you.
Charleston, S.C. 29407
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