South Carolina lets a family recover financial loss, grief, sorrow, mental shock and loss of companionship, and lets the estate recover the decedent's conscious pain and suffering through a survival action. Only malpractice deaths face a noneconomic cap. You have three years.
Enter the family's losses, the survival claim, the claim type, and the fault split.
South Carolina's Death by Wrongful Act chapter allows an action whenever the death was caused by another's wrongful act, neglect or default. Pleadings describe damages including mental shock and suffering, wounded feelings and grief, and loss of companionship.
The survival action under S.C. Code 15-5-90 covers the decedent's own losses before death. Modified comparative negligence and the 15-38-15 joint liability rule apply.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited South Carolina statutes. Confirm how these rules apply to your specific case with a licensed South Carolina attorney.