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What Constitutes Wrongful Death?
In South Carolina, you may be eligible to recover for the death of your loved one if his or her death was caused by another person’s negligence or misconduct. Not all unintentional deaths are wrongful deaths, which will determine your eligibility to seek legal action. South Carolina law permits the personal representative or estate administrator to file a wrongful death suit. This may be the deceased’s spouse or family member, as appointed in a will. If you recently experienced the loss of a loved one, our Bennettsville wrongful death attorneys are here to assist you.
Elements of a Wrongful Death Action
Successful recovery in a wrongful death suit will depend on establishing the following elements:
Duty of Care
The at-fault party had a legal obligation to keep you free from harm.
Breach of Duty
Through either an act or omission, the at-fault party failed to uphold the duty of care owed to the deceased. In a negligence claim, this would involve an oversight or careless act, while intentional misconduct would involve committing an act with reasonable certainty that it would cause another person harm.
Causation
The defendant’s actions must be the direct cause of the decedent’s fatal injuries. A successful wrongful death claim involves proving that the defendant set into motion the chain of events causing harm (actual cause) and the injuries were a foreseeable consequence of the defendant’s conduct (proximate or legal cause).
Damages
A wrongful death suit is designed to compensate family members of the deceased, which may pertain to any of the following:
- Funeral and burial costs
- Medical expenses the deceased incurred following their injuries
- Loss of companionship and society
- Loss of financial support
- Loss of household services
- Infliction of emotional distress
Beneficiaries in a Wrongful Death Suit
In South Carolina, beneficiaries in a wrongful death case include:
- Surviving spouse;
- If no spouse: Child or children of the deceased;
- If no spouse or children: Parents of the deceased;
- If no surviving spouse, children, or parents: Heirs by law
Punitive Damages
Under SC Code §15-51-40, when a wrongful death is the result of recklessness, willfulness, or malice, punitive damages may be awarded. It is at the jury’s discretion to determine what amount is proportionate to the harm the deceased suffered. If awarded, punitive damages will be divided in the same way as the deceased’s estate would have been divided by the laws of intestacy (if the deceased had no will). However, punitive damages are capped at three times compensatory damages (economic damages and pain and suffering damages), or $739,245 (as of December 2025).
Types of Wrongful Death Cases
Most often, wrongful death is caused by another person’s negligence, which can be seen in the following:
- Auto accidents caused by reckless driving, driving under the influence, or driving fatigued;
- Medical malpractice caused by misdiagnoses, surgical errors, birth injuries, and medication errors; and
- Workplace accidents caused by being struck by a falling object, exposure to harmful substances, electrocutions, or failing to secure scaffolding.
Investigating Your Family Member’s Death
With emotions running high, the circumstances behind your loved one’s death may get muddled. Details that matter may be recalled in different ways. Sadly, this is not the makings of a successful wrongful death suit. At Douglas Jennings Law Firm, LLC, our Bennettsville wrongful death attorneys will thoroughly investigate the circumstances behind your loved one’s death to determine what actually happened. You need answers, not more paperwork. As such, our team of professionals will handle court filings and gather relevant evidence to help you obtain the compensation you desperately need.
Reach Out to Our Bennettsville Wrongful Death Lawyers Today
If the passing of your loved one was due to another’s fault, you deserve compensation for your emotional and financial suffering. At Douglas Jennings Law Firm, LLC, our Bennettsville wrongful death attorneys understand the agony you are going through. The devastation you are experiencing is only exacerbated when the wrongful party does not have to pay. Let us fight for your legal rights. To arrange your free consultation or to learn more, contact our office online or by calling (843) 479-2865.