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What Is a Wrongful Death Claim?

Losing a loved one is devastating. When that loss is caused by someone else’s negligence or wrongdoing, the grief can be compounded by anger and confusion. In these tragic circumstances, South Carolina law allows families to seek justice through a wrongful death claim.

If your loved one could have filed a personal injury lawsuit had they survived, their estate—and ultimately, their surviving family—may be entitled to pursue a wrongful death lawsuit instead.

How Is a Wrongful Death Lawsuit Different from a Criminal Case?

Wrongful death claims are civil lawsuits, not criminal prosecutions. That means they are focused on compensating the family for their losses rather than punishing the responsible party with jail time.

Another key difference is the burden of proof:

  • In a criminal trial, the state must prove guilt beyond a reasonable doubt.
  • In a civil wrongful death case, families only need to show that the defendant was more likely than not responsible for the death.

This lower burden of proof often makes it possible to hold a party accountable in civil court, even if there is no criminal conviction.

What Must Be Proven in a Wrongful Death Claim?

To successfully pursue a wrongful death claim in South Carolina, the following elements must be established:

  • Duty of Care: The defendant owed your loved one a legal duty (e.g., driving safely, providing competent medical treatment, or maintaining a safe environment).
  • Breach of Duty: The defendant failed to meet that duty through negligence or intentional actions.
  • Causation: The breach of duty directly caused your loved one’s death.
  • Damages: The death caused measurable losses to the surviving family, such as financial, emotional, or relational harm.

What Situations Commonly Lead to Wrongful Death Lawsuits?

Wrongful death claims in Charleston and throughout South Carolina arise in many different situations, including:

  • Motor Vehicle Crashes: Fatalities from car, truck, motorcycle, and pedestrian accidents caused by distracted driving, speeding, intoxicated drivers, or hazardous road conditions.
  • Medical Malpractice: Misdiagnoses, surgical errors, anesthesia complications, birth injuries, and other preventable medical mistakes.
  • Workplace Accidents: Fatal falls, machinery failures, toxic exposures, or safety violations—particularly in high-risk industries like construction and manufacturing.
  • Defective Products: Dangerous pharmaceuticals, faulty medical devices, unsafe consumer goods, and automotive defects that result in fatal injuries.

It’s important to note that only the personal representative of the deceased’s estate—typically the executor or administrator—has the authority to file the lawsuit. Any compensation awarded will be distributed to eligible surviving family members, such as a spouse, children, parents, or next of kin. If beneficiaries are minors, a legal guardian manages their portion.

What Types of Compensation May Be Available?

South Carolina law allows families to recover a range of damages in a wrongful death case, including:

  • Economic Damages: These cover tangible financial losses, such as funeral and burial costs, medical expenses, lost income, and loss of household contributions.
  • Non-Economic Damages: These compensate for emotional and personal losses, including pain and suffering, mental anguish, and the loss of companionship, guidance, and support.
  • Punitive Damages: In cases involving particularly reckless or intentional conduct, the court may award punitive damages to punish the wrongdoer and deter similar behavior.

Every case is unique, and the amount of compensation depends on the facts, evidence, and impact the loss has had on the family.

Compassionate Guidance from Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

Navigating a wrongful death claim while grieving is never easy. At Rogers, Patrick, Westbrook & Brickman LLC, we understand the emotional and legal complexity of these cases. Our Charleston wrongful death lawyers are committed to providing the respectful, compassionate, and effective legal representation you need. Call 843-727-6500 or complete our online contact form to schedule a free consultation. Located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients across the state.

How can we help? Fill out the form for a free case review.

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