South Carolina Wrongful Death Settlement Calculator
S.C. Code §§ 15-51-10 to 15-51-60 — the personal representative sues on behalf of spouse and children first, then parents, then heirs. Three years to file, running from the date of death.
Who can bring a wrongful death claim in South Carolina, and how long do they have? Only the estate's personal representative (executor or administrator) may file, on behalf of a strict statutory priority tier. The claim must be filed within three years of the date of death.
⚖ 3-year deadline runs from the date of death, not the underlying act (S.C. Code § 15-3-530(6)). Only the personal representative may sue.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
South Carolina Wrongful Death — Who Sues and When
South Carolina's Wrongful Death Act, codified at S.C. Code Ann. §§ 15-51-10 to 15-51-60, does not let heirs sue in their own names. The action must be brought by or in the name of the executor or administrator of the deceased person's estate. The statute is explicit on this point: every such action "shall be brought by or in the name of the executor or administrator of such person."
The recovery itself is directed to a strict priority order set out in the same statute. It benefits, first, the surviving spouse and child or children jointly. If there is no surviving spouse or child, it benefits the parent or parents. If there is no spouse, child, or parent, it benefits the heirs of the person whose death was caused. A lower tier only shares in the recovery if every person in the tier above is absent — the statute does not split the recovery across tiers.
The deadline to file is three years, and South Carolina's general limitations statute states this expressly for wrongful death: the period begins to run "upon the death of the person on account of whose death the action is brought." That means the clock starts at the date of death itself, not at the date of the underlying wrongful act — the statutory text sets this out directly, so no separate case-law interpretation is required. No separate variant is stated in this provision for medical malpractice or government-defendant cases.
South Carolina Wrongful Death FAQs
How long do I have to file a wrongful death claim in South Carolina?
Three years. Under S.C. Code Ann. § 15-3-530(6), the limitations period for a wrongful death action begins to run upon the date of death, not the date of the underlying act that caused it.
Who is allowed to file a wrongful death lawsuit in South Carolina?
Only the personal representative of the decedent's estate — the executor or administrator — may bring the action. Individual family members cannot sue in their own name under the Wrongful Death Act.
Who receives the money from a South Carolina wrongful death settlement?
The statute sets a strict priority order under S.C. Code Ann. §§ 15-51-10, 15-51-20: first, the surviving spouse and child or children jointly; if none, the parent or parents; if none, the heirs of the decedent. A lower tier benefits only when every person in the tier above is absent.
Can a surviving parent and a surviving spouse both recover?
The statute groups spouse and children together as the first tier. Parents are only a beneficiary tier if there is no surviving spouse or child. The statute does not describe parents sharing alongside a surviving spouse or child.
Does the three-year deadline ever run from something other than the date of death?
Not under this provision. § 15-3-530(6) states the period begins upon the death itself. No separate accrual rule for medical malpractice or government-defendant wrongful death cases is stated within this clause.
Is there a cap on what a South Carolina attorney can charge in a wrongful death case?
There is no statutory percentage cap on contingency fees in South Carolina wrongful death cases. Fee agreements are governed instead by the reasonableness standard under S.C. App. Ct. R. 407, Rule of Professional Conduct 1.5(a). A contingency fee is a ceiling the attorney may charge, not a fixed rate every case pays.
Is the fee rule the same in a workers' compensation death claim?
No. Workers' compensation fees are not simply a freely negotiated contingency arrangement — under S.C. Code § 42-15-90, fees in workers' compensation matters require approval by the South Carolina Workers' Compensation Commission.
What law governs a South Carolina wrongful death claim?
The South Carolina Wrongful Death Act, S.C. Code Ann. §§ 15-51-10 through 15-51-60, together with the limitations provision at § 15-3-530(6), which sets the three-year filing deadline running from the date of death.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for South Carolina
Each South Carolina calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses South Carolina verdict data where available.