Columbia Wrongful Death Lawyers
Speak with a wrongful death attorney in Columbia, SC today.
Losing a loved one due to another person’s negligence is one of the most challenging experiences a family can face. You do not have to navigate the legal and probate complexities alone.
Hewett Diamaduros Law Firm assists grieving families throughout Columbia, Richland County, and Lexington County by explaining their legal options after a fatal accident, guiding them through the probate process, and holding the responsible parties accountable. Pursuing a claim is not about profiting from a loss. It is about recovering what the loss actually costs, and making sure your family is not left to bear the financial burden alone.
Wrongful Death Claims Are Distinct From Personal Injury Cases
A fatal accident claim is not simply a personal injury case with a higher valuation; It carries its own legal structure, and families must often navigate it while still grieving:
- Only a court-appointed personal representative can file the claim. Individual family members, even a surviving spouse, cannot bring the lawsuit directly. If your loved one did not leave a will naming an executor, the probate court will need to appoint an administrator before a claim can move forward.
- Multiple insurance policies are often involved. A fatal car accident might involve the at-fault driver’s liability policy, an uninsured or underinsured motorist policy, and sometimes a commercial policy, each with its own claims process.
- Medical liens complicate the timeline. Emergency treatment before death, hospital bills, and sometimes life flight or ICU costs can all create liens against a settlement that need to be resolved.
- Legal deadlines do not pause for grief. Statutes of limitations and probate filing requirements keep running regardless of where your family is in the grieving process, which is exactly why getting guidance early matters.
How South Carolina Wrongful Death Laws Work
South Carolina separates a fatal accident claim into two distinct legal actions, which are often pursued together.
Legal Concept | What It Means | Why It Matters |
Wrongful Death Act (S.C. Code § 15-51-10) | Allows a claim when a death was caused by another party’s wrongful act, neglect, or default, essentially standing in for the personal injury claim your loved one could have brought had they survived. | This is the claim that compensates the family for what the death has cost them going forward. |
Survival Action (S.C. Code § 15-5-90) | Preserves your loved one’s own claim for what happened before death: conscious pain and suffering, mental anguish, and medical expenses incurred between the injury and death. | This claim belongs to the estate, not directly to family members, and is often pursued alongside the wrongful death claim. |
Role of the personal representative | South Carolina requires the wrongful death action to be brought by or in the name of the executor or administrator of the deceased’s estate (S.C. Code § 15-51-20), not by family members individually. | If no estate has been opened, this is often the first legal step, and we help guide families through the probate petition. |
Statutory beneficiaries (S.C. Code § 15-51-20) | Recovery goes first to a surviving spouse and children. If there is no spouse or children, it goes to surviving parents. If there are none, it passes to heirs at law. | Wrongful death proceeds are distributed directly to these beneficiaries and are generally treated separately from the general assets of the estate. |
Court approval of settlements (S.C. Code §§ 15-51-41 and 15-51-42) | Any proposed wrongful death or survival action settlement must be reviewed and approved by a probate or circuit court judge before it is finalized. | This protects every beneficiary’s interest and ensures the settlement is fair, even among family members who may not fully agree. |
What Compensation Can Include
No attorney can responsibly promise a specific dollar amount before reviewing the facts of the accident and the losses involved. Depending on the circumstances, a wrongful death and survival action claim can potentially include:
- Loss of financial support and future earnings your loved one would have provided
- Loss of companionship, guidance, and care
- Mental anguish suffered by surviving family members
- Conscious pain and suffering your loved one experienced before death
- Medical expenses incurred between the injury and death
- Funeral and burial costs
- Punitive damages, in cases involving gross negligence or willful conduct
Free Consultation: Request a Case Evaluation – This does not create an attorney-client relationship | Call (803) 866-4739
Frequently Asked Questions
Only the court-appointed personal representative, meaning the executor named in a will or an administrator appointed by the probate court, can file a wrongful death lawsuit under S.C. Code § 15-51-10. Individual family members, even a surviving spouse or parent, cannot bring the claim directly on their own behalf. If no estate has been opened yet, this is often the first step, and it is one we help families through.
A wrongful death claim looks forward. It compensates surviving family members for what the loss means going forward: lost financial support, lost companionship, and mental anguish. A survival action looks backward. It preserves your loved one’s own claim for what they personally experienced before death, such as conscious pain and suffering or medical bills incurred in the time between the injury and death. Many cases involve both claims at the same time, pursued together by the personal representative.
South Carolina law sets a specific order of priority under S.C. Code § 15-51-20. A surviving spouse and children are first in line. If there is no surviving spouse or children, proceeds go to surviving parents. If there are none, they pass to heirs at law. Wrongful death proceeds are generally distributed directly to these beneficiaries rather than being treated as general estate assets subject to the deceased’s creditors, and every proposed settlement requires court approval before it can be finalized.
Claims involving a city bus, county vehicle, state agency, or road maintenance failure fall under the South Carolina Tort Claims Act. These claims generally carry a two-year filing deadline instead of the standard three years, along with a requirement to file a verified notice of claim within one year of the loss. Damages against government entities are also subject to statutory caps, which have historically been set at $300,000 per person and $600,000 per occurrence, though these figures have been the subject of proposed legislative changes and should be confirmed at the time of filing. Because the deadlines and limits are stricter, it is worth confirming right away whether a government entity may be involved.
Generally three years from the date of death under S.C. Code § 15-3-530. If a government entity or employee was involved, the South Carolina Tort Claims Act generally shortens that window to two years and requires earlier notice. Because probate steps, like appointing a personal representative, need to happen before a claim can be filed, it is best not to wait to get guidance, even while your family is still grieving.
Talk to a Columbia Wrongful Death Lawyer
You should not have to manage probate court, insurance companies, and grief at the same time without support. Hewett Diamaduros Law Firm offers a free, no-pressure case evaluation for families who have lost a loved one across all of South Carolina. Talk to a South Carolina wrongful death lawyer today to protect your rights.