Who can file a wrongful death lawsuit in South Carolina?

KEY TAKEAWAYS:

South Carolina law requires a wrongful death lawsuit to be filed by the deceased person's personal representative, not directly by grieving family members. Any money recovered still belongs to the statutory beneficiaries defined by law and is distributed in a set order once the probate court approves the case's resolution. Understanding this two-step structure, who files the claim and who is paid, helps Charleston County families know what to expect from the process.

When a South Carolina family tragically loses someone to another person's negligence, a surviving spouse or parent cannot simply file suit. Under South Carolina law, only the personal representative may file a wrongful death claim through the deceased's estate. At The Farmer Law Firm, attorney Merritt Farmer can help you and your family understand who that person is, what a wrongful death claim requires, and how any recovery reaches the family members closest to the person who died.

Who Can File a Wrongful Death Lawsuit in Charleston County?

A wrongful death lawsuit cannot be filed directly by a spouse, parent, or child. Under South Carolina Code Section 15-51-20, the case must be brought by or in the name of the executor or administrator of the deceased person's estate, a role commonly called the personal representative. That rule applies no matter how close the family member was to the person who died.

This surprises many grieving families, since the estate technically owns the lawsuit even though the money it produces belongs to the surviving spouse, children, or other statutory beneficiaries. If the deceased left a will, the personal representative named in it usually has priority to serve.

If not, South Carolina's priority order for appointment as personal representative generally favors a surviving spouse or adult child. Until someone is appointed, no case can move forward, whether the death followed a fatal car accident, a deadly trucking accident, or another type of personal injury accident caused by negligence.

What Does a Personal Representative Do in a South Carolina Wrongful Death Case?

Being named personal representative is not an honorary title. This person manages the case from filing through resolution, and South Carolina law holds them accountable for handling it properly. Once appointed, the personal representative typically:

• Files the wrongful death lawsuit within the statute of limitations
• Works with a wrongful death lawyer to gather evidence and identify every liable party
• Decides whether to accept a settlement or take the case to trial, subject to probate court approval
• Reports the case's progress to the probate court and oversees the distribution of any recovery

The personal representative does not keep the settlement or verdict. They act on behalf of the beneficiaries defined by law, and a judge must approve any settlement before it becomes final.

Who Receives Money From a Wrongful Death Settlement in South Carolina?

South Carolina law does not allow the personal representative to decide who receives a wrongful death recovery. Instead, the statute identifies the beneficiaries—first the surviving spouse and children, then the parents if there is no surviving spouse or child, and finally the decedent's heirs if none of those relatives survive. The proceeds are distributed according to South Carolina's intestacy laws, not the personal representative's preferences or the terms of the decedent's will.

Whatever the amount recovered is meant to compensate for several categories of loss, including:

• Funeral and burial expenses
• Medical expenses caused by the accident
• Lost income and financial support the deceased would have provided
• Loss of care, companionship, and guidance that the deceased provided to the surviving family
• Mental shock, suffering, and emotional distress connected to the loss
• Punitive damages if the negligent party’s actions were especially egregious conduct or gross negligence

What Happens After a Wrongful Death Lawsuit Is Filed?

Filing a wrongful death lawsuit begins a legal process that typically includes several stages:

• Notice to the probate court. If the lawsuit is filed outside probate court, South Carolina law generally requires the probate court to be notified within 10 days of filing.
• Discovery. Both sides exchange evidence, depose witnesses, and gather documents, including medical records, accident reports, and expert opinions.
• Settlement negotiations or mediation. Many wrongful death cases are resolved through negotiated settlements or court-ordered mediation before reaching trial.
• Court approval of any settlement. The appropriate court must generally approve a proposed wrongful death settlement before it becomes final.
• Trial. If no settlement is reached, the case proceeds to trial. At The Farmer Law Firm, our experienced Charleston County wrongful death lawyer will take your case to trial if the insurance company will not offer you the compensation you deserve in your settlement.
• Distribution of damages. If damages are awarded or a settlement is approved, the proceeds are distributed to the statutory beneficiaries in accordance with South Carolina law.

How Long Does a Wrongful Death Case Usually Take?

There is no fixed timeline for a South Carolina wrongful death case. Straightforward claims with clear liability may resolve in under a year, while contested or complex cases can take considerably longer.

Several factors affect how long a Charleston County case takes, including

• How quickly a personal representative is appointed
• How many liable parties are involved
• Insurance company disputes 
• A high-value claim, which can result in the insurance company fighting harder and longer
• Complex cases, like a multi-vehicle collision, a truck accident with many liable parties, and medical malpractice

Because South Carolina generally requires a wrongful death lawsuit to be filed within three years of the date of death, you and your family should contact our wrongful death attorney and have a personal representative appointed promptly.

Do You Need a Lawyer to File a Wrongful Death Claim in South Carolina?

South Carolina does not require a personal representative to hire a lawyer. In practice, the legal requirements of filing a wrongful death is very complicated, and these cases can be challenging to prove on your own. Trying to handle this on your own can be even more difficult when you and your family are grieving the loss of your loved one, who tragically died. 

When you hire The Farmer Law Firm, here are some of the ways we can help you: 

• Handle the probate filing needed to become a personal representative
• Identify every party whose negligence may have contributed to the death
• Gather evidence, including time-sensitive evidence before it disappears, that you need to prove your case and refute the insurance company’s arguments
• Take over all communications with the insurance adjuster and their attorney
• Negotiate with insurance companies on behalf of the beneficiaries
• Prepare the settlement petition that the court must approve
• Try your wrongful death claim at a jury trial if necessary

Attorney Merritt Farmer will work with you and your family through each of these steps, from the probate paperwork required to become a personal representative to the court approval needed to move a settlement forward. This can help you and your loved ones focus on your grief and recovery while our lawyer handles all the necessary steps in the legal process to help you obtain the compensation you deserve.