The loss of a loved one is one of the most painful experiences a family can endure—especially when that loss was preventable. In South Carolina, wrongful death lawsuits exist to provide families with a legal pathway to accountability and financial stability when a death is caused by another party’s negligence, recklessness, or intentional misconduct.
In Horry County and throughout the state, wrongful death claims have increasingly involved allegations against institutions such as jails, law enforcement agencies, healthcare providers, and businesses. Recent cases between 2024 and 2026 include lawsuits alleging medical neglect in a county jail, a fatal incident involving a police vehicle, and a road-rage shooting that tested South Carolina’s “stand-your-ground” immunity laws. While each case is unique, they underscore an important truth: when duty of care is breached, families have the right to seek justice.
What Is a Wrongful Death Under South Carolina Law?
South Carolina law defines a wrongful death as one caused by the “wrongful act, neglect, or default” of another person or entity. The key legal standard is whether the deceased individual could have brought a personal injury claim had they survived. If so, a wrongful death claim may be pursued on their behalf. (S.C. Code § 15-51-10)
Wrongful death claims must be filed within three years of the date of death and may only be brought by the personal representative of the deceased person’s estate. While the lawsuit is filed by the estate, any recovery is typically intended to benefit surviving family members such as a spouse, children, or parents. Unfortunately, siblings, long-term companions, or other loved ones may not be eligible to recover damages under South Carolina’s wrongful death statute.
Common Causes of Wrongful Death
Wrongful death claims arise from many types of tragic events, most often involving negligence or unsafe conditions. These include:
- Motor vehicle accidents such as impaired, distracted, or reckless driving – as well as commercial truck accidents caused by driver fatigue, improper loading, or safety violations
- Workplace accidents including machinery malfunctions, poorly maintained equipment, exposure to hazardous substances, falls, lack of proper safety protections
- Defective products, unsafe appliances, poorly assembled vehicles, dangerous sporting equipment, children’s products found to be hazardous
- Premises liability cases involving inadequate security, unsafe pools, hazardous property conditions, fatal slip-and-falls
- Medical malpractice, surgical errors, misdiagnosis, medication mistakes, birth injuries, injury to a patient, failure to properly monitor a patient
- Other circumstances may include construction failures, elevator malfunctions, aviation accidents, criminal acts due to negligent security
The Loss Families Experience—Emotionally and Financially
Beyond overwhelming grief, families often face sudden and significant financial burdens. Medical expenses incurred before death, funeral and burial costs, loss of income, and the loss of future financial support can place immense strain on surviving loved ones.
A wrongful death lawsuit may allow families to pursue compensation for:
- Medical and hospital expenses related to the fatal injury
- Funeral and burial costs
- Loss of financial support and benefits
- Loss of companionship, care, and guidance
- Pain and suffering endured by the deceased prior to death
While no legal action can replace a life, financial recovery can provide stability, relieve stress, and help families begin to rebuild.
How Challenging Are Wrongful Death Cases?
Wrongful death lawsuits are among the most complex personal injury cases. Studies show that plaintiffs succeed in roughly 60% of wrongful death trials, a higher rate than many other personal injury claims. However, outcomes vary widely depending on the circumstances, the quality of evidence, and the legal representation involved.
Several factors significantly influence the strength of a wrongful death claim. Clear documentation—such as medical records, police reports, surveillance footage, and witness statements—is essential. The plaintiff must also prove causation, meaning the defendant’s actions directly caused the death. Expert testimony from medical professionals, engineers, or safety specialists is often critical in explaining how negligence occurred.
South Carolina’s comparative negligence rules may also impact recovery. If the deceased is found to have shared fault, compensation may be reduced—or barred entirely if their responsibility exceeds that of the defendant.
The Importance of Acting Promptly
Time matters in wrongful death cases. Evidence can disappear, memories fade, and legal deadlines approach quickly. Filing a claim promptly allows attorneys to preserve critical information, consult experts early, and build the strongest possible case on behalf of the family.
Compassionate Legal Guidance When It Matters Most
At The Floyd Law Firm, we understand that families pursuing wrongful death claims are not simply seeking compensation—they are seeking answers, accountability, and a sense of justice. Our wrongful death attorneys are committed to treating every family with dignity, care, and respect. We take the time to listen, to understand your loss, and to guide you through the legal process with clarity and compassion.
While no amount of money can ever make up for the loss of a loved one, a successful wrongful death claim can help provide financial security, cover unexpected expenses, and support your family as you move forward.
If you believe your loved one’s death was caused by negligence or wrongful conduct, The Floyd Law Firm is here to help you understand your rights and explore your legal options.
