Three years to file, from the date of death
S.C. Code § 15-3-530
Modified comparative negligence (51% bar)
South Carolina's fault rule
Contingency Representation
On qualifying matters
Wrongful Death Claims in South Carolina
Losing a loved one to someone else's negligence is a profound loss. A wrongful death claim provides accountability for families, under rules that differ significantly among Alabama, Georgia, and South Carolina. Our wrongful death attorneys guide families through this difficult time and pursue the recovery available under the wrongful death law of the state where your loved one was lost. We understand the emotional toll, and we handle these cases with care.
Constantin Post is licensed in South Carolina. The firm handles wrongful death claims for clients across the state, in Columbia, Charleston, Greenville, Spartanburg, and Rock Hill, and everywhere in between. Contingency fees are available on qualifying matters, and the rules below are the ones that will shape your South Carolina claim from the first phone call.
The South Carolina Filing Deadline
A South Carolina wrongful death claim generally must be brought within three years, running from the date of death. It is filed by the executor or administrator of the estate for the statutory beneficiaries, so opening the estate and identifying the beneficiaries early is part of protecting the claim.
Fault in South Carolina: Modified comparative negligence (51% bar)
South Carolina applies modified comparative negligence: as long as your share of fault does not exceed 50%, you may recover, with damages reduced by your percentage of fault; if you are more at fault than the defendant, recovery is barred. The rule comes from the South Carolina Supreme Court's adoption of comparative fault in Nelson v. Concrete Supply Co. For causes of action accruing on or after January 1, 2026, the amended apportionment statute (S.C. Code § 15-38-15, under Act No. 42 of 2025) spreads fault across the plaintiff, the defendants, and nonparties, and a defendant found less than 50% at fault answers only for its own share rather than jointly for the whole; the greater-than-50% bar on the plaintiff is unchanged. Either way, disciplined fault development is the core of every contested claim.
Wrongful Death Claims in South Carolina
South Carolina wrongful death claims (S.C. Code § 15-51-10) are brought by the executor or administrator for the surviving spouse, children, or heirs, generally within three years, and compensate the family's losses: economic support, companionship, and mental anguish. A companion survival action can recover the decedent's own pre-death damages.
Claims Against South Carolina Government Entities
Claims against South Carolina governments run through the South Carolina Tort Claims Act: generally two years to sue from when the loss was or should have been discovered, extended to three years if a verified claim was filed within one year of that date (S.C. Code §§ 15-78-80, 15-78-110), with caps on recoverable damages. The Act's procedures are technical enough that government-defendant claims should be in a lawyer's hands early.
South Carolina Wrongful Death Claims FAQ
How long do I have to file a wrongful death claim in South Carolina?
A South Carolina wrongful death claim generally must be brought within three years, running from the date of death. It is filed by the executor or administrator of the estate for the statutory beneficiaries, so opening the estate and identifying the beneficiaries early is part of protecting the claim. Claims against South Carolina government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my wrongful death in South Carolina?
South Carolina applies modified comparative negligence: as long as your share of fault does not exceed 50%, you may recover, with damages reduced by your percentage of fault; if you are more at fault than the defendant, recovery is barred. The rule comes from the South Carolina Supreme Court's adoption of comparative fault in Nelson v. Concrete Supply Co. For causes of action accruing on or after January 1, 2026, the amended apportionment statute (S.C. Code § 15-38-15, under Act No. 42 of 2025) spreads fault across the plaintiff, the defendants, and nonparties, and a defendant found less than 50% at fault answers only for its own share rather than jointly for the whole; the greater-than-50% bar on the plaintiff is unchanged. Either way, disciplined fault development is the core of every contested claim.
What does it cost to hire a wrongful death lawyer for a South Carolina case?
The consultation is free. Contingency fees are available on qualifying matters. On a contingency case, the attorney fee is a percentage of any recovery, and there is no attorney fee if there is no recovery. We advance case expenses, and the written fee agreement sets out how they are handled before we begin.
Can a Hoover, Alabama firm handle my South Carolina case?
Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent South Carolina clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under South Carolina's.
Free South Carolina Guides on This Topic
Plain-English answers under South Carolina law, free to read before you ever call.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.