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Losing a loved one due to someone else’s negligence is one of the most difficult experiences a family can face. In addition to the emotional impact, families are often left dealing with unexpected financial burdens and unanswered questions. At Grooms Law Firm, we help families pursue justice and accountability during these challenging times.
A wrongful death claim allows surviving family members to seek compensation for losses such as medical expenses, funeral costs, lost income, and the long-term impact of losing a loved one. We guide you through the process with clarity and care.
While no legal action can replace what has been lost, holding the responsible party accountable can provide financial stability and a sense of closure moving forward.
Wrongful death cases often involve detailed investigations, multiple parties, and complex legal considerations. We work to gather evidence, establish liability, and build a case that reflects the full impact of your loss.
Families pursuing a wrongful death claim deserve clear guidance and strong advocacy. These cases require both legal experience and an understanding of the emotional challenges involved.
We focus on helping you move forward by handling the legal process while you focus on your family. Our goal is to secure compensation that reflects both the financial and personal loss.
A wrongful death claim in South Carolina is a civil case brought after someone dies because of another party’s negligence or wrongful act. It is filed by the personal representative of the estate — the executor or administrator — but the recovery belongs to the family members the law identifies as beneficiaries, not to the estate itself (S.C. Code Ann. §§ 15-51-10 and 15-51-20).
South Carolina sets the order of beneficiaries by statute. The surviving spouse and children come first. If there are none, the claim benefits the decedent’s parents. If there are no surviving parents, it passes to the heirs at law. Most wrongful death actions must be filed within three years of the death (S.C. Code Ann. § 15-3-530), and cases involving a government entity carry shorter notice deadlines.
Families are often surprised to learn there are usually two claims, not one. The wrongful death action compensates the family for what they lost. A separate survival action (S.C. Code Ann. § 15-5-90) belongs to the estate and covers what the person who died went through — conscious pain and suffering before death, along with their medical bills and lost wages during that period. Both are commonly pursued together, and overlooking the survival action can meaningfully reduce what a family recovers.
Damages may include funeral and burial expenses, the financial support and services the person would have provided, loss of companionship and guidance, and the mental shock and suffering of the surviving beneficiaries. Where the conduct was reckless or willful, punitive damages may also be available. South Carolina follows modified comparative negligence, so a family can still recover as long as the person who died was not more than 50% at fault — though any share of fault reduces the award proportionally.
These cases usually require accident reconstruction, medical and economic experts, and a careful look at every potentially responsible party. We handle that work while your family focuses on each other. You deal directly with Taylor Grooms, not a case manager.
Related reading: our guide to South Carolina wrongful death claims, and our pages on catastrophic injuries and motor vehicle accidents.
Only the personal representative of the estate can file the claim, but they file it on behalf of the statutory beneficiaries. South Carolina law puts the surviving spouse and children first; if there are none, the decedent’s parents; if there are no surviving parents, the heirs at law. If no personal representative has been appointed yet, that is usually the first step in the process.
The general deadline is three years from the date of death under S.C. Code Ann. § 15-3-530. Claims against a state or local government entity are governed by the South Carolina Tort Claims Act and carry shorter notice requirements. Because evidence and witness recollection fade quickly, it is best not to wait for the deadline to approach.
A wrongful death claim compensates the family for their loss — support, companionship, funeral costs, and their own grief. A survival action belongs to the estate and compensates for what the person endured before death, including conscious pain and suffering and their medical expenses. The two are separate claims and are often pursued at the same time.
Recoverable damages may include funeral and burial expenses, lost financial support and benefits, the value of services the person provided, loss of companionship and guidance, and the mental shock and suffering of the beneficiaries. Punitive damages may apply where the conduct was reckless or willful. Every case is different, and no attorney can responsibly predict a figure before reviewing the facts.
Compensation for personal physical injury or physical sickness, including wrongful death, is generally not treated as taxable income under federal law. Punitive damages and any interest on a judgment are usually treated differently. Because tax treatment depends on how a settlement is structured, we recommend reviewing the final allocation with a tax professional.
Timelines vary widely. A clear-liability case with adequate insurance coverage may resolve in months, while a case involving multiple defendants, disputed fault, or a trial can take considerably longer. We will give you a realistic assessment early and keep you updated as the case develops rather than leaving you to guess.
If your family has lost someone in an accident in Charleston or elsewhere in South Carolina, contact Grooms Law Firm for a free consultation. We will explain your options clearly and there is no obligation.
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If you’ve been injured, you don’t have to figure this out alone. We’re here to answer your questions, explain your options, and help you take the next step with confidence.