Wrongful Death Lawyer Information in Greenville, SC

When a death may have been caused by another person’s wrongful act, neglect, or default, South Carolina law provides a civil action for the benefit of certain family members. This page is general information for people in Greenville, South Carolina, and is not advice about any family’s situation.

The wrongful death action

S.C. Code Ann. § 15-51-10 provides that whenever the death of a person is caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would, if death had not ensued, have entitled the injured person to maintain an action, the person who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the death. The section also addresses survival of the cause of action against the personal representative of a deceased wrongdoer.

S.C. Code Ann. § 15-51-20 provides that every such action shall be for the benefit of the spouse and child or children of the person whose death was caused and, if there is no spouse or child, then for the benefit of the parent or parents, and if none, then for the benefit of the heirs of the person whose death was caused. The action shall be brought by or in the name of the executor or administrator of that person.

Sections 15-51-41 and 15-51-42 require court approval of settlements of wrongful death or survival actions and describe who may settle and in which court a petition may be filed. Those procedures are handled by a personal representative and, typically, by counsel — not by this website.

Time limit

S.C. Code Ann. § 15-3-530(6) generally requires an action under §§ 15-51-10 to 15-51-60 for death by wrongful act to be commenced within three years, with the period to begin to run upon the death of the person on account of whose death the action is brought. Other claims, such as a survival action or a medical-malpractice theory, can involve different rules. This site cannot tell you which period applies to a particular death.