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Wrongful Death

Wrongful Death in South Carolina

Losing a loved one to someone else's negligence is devastating, and a South Carolina wrongful death claim exists to seek accountability for the family.

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Your deadline

3 years

3 years personal injury; wrongful death 3 years.

How fault works

Modified comparative negligence, 51% bar

If a family member has died because of another party's carelessness, a wrongful death claim can seek accountability and support for those left behind. South Carolina is an at-fault state, and these claims are subject to its modified comparative negligence 51% bar, meaning recovery is possible as long as the person who died was not more than 50% at fault, with any award reduced by that share. In South Carolina a wrongful death claim generally must be filed within three years, though this is a painful subject and there is no need to face the legal questions alone. When you are ready, FaultFreeClaims can gently connect you with an independent, licensed South Carolina attorney who is experienced with these sensitive matters.

What a connected attorney can do

  • Investigate what happened and identify who is responsible
  • Deal with the insurance companies so you don't have to
  • Track the 3 years filing deadline so you never miss it
  • Pursue the compensation you're actually owed
All accident help in South Carolina

Frequently asked questions

Who can bring a wrongful death claim in South Carolina?

These claims are generally pursued on behalf of surviving family members, and an independent South Carolina attorney can explain who is eligible in your situation. We can connect you with one when you are ready.

How long do we have to file a wrongful death claim in South Carolina?

South Carolina generally allows three years to file a wrongful death claim, though exceptions can apply. When your family is ready, we can refer you to an independent South Carolina attorney to discuss your options.

Can I recover if the accident was partly my fault?

South Carolina follows this rule: Modified comparative negligence, 51% bar. Because the answer depends on the details, it's worth talking to an attorney who knows South Carolina law before assuming you have no case.

Does it cost anything to get connected?

No. Getting connected with an attorney through FaultFreeClaims is free and comes with no obligation. We are not a law firm — we connect you with independent, licensed attorneys.

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