The type of legal case may change, but justice and accountability are still possible.
Your loved one had begun pursuing justice by filing a personal injury lawsuit against a negligent driver, a careless property owner, or a reckless employer. Then, before the case was resolved, your loved one passed away. Whether their death was caused by the accident or something entirely unrelated, you're left with grief and questions.
- Can the case continue?
- Will their story still be told?
- Who steps in to speak on their behalf?
- What will happen to the money recovered in a settlement or in court?
In South Carolina, the law provides a path forward. But it’s a different path, and it’s one that an experienced South Carolina personal injury and wrongful death lawyer can help a family navigate.
Your Loved One’s Cause of Death Matters
One key question changes everything: Did your loved one die from the injuries involved in the original personal injury case?
If the Accident Injury Caused Their Death
If your loved one died from injuries tied directly to the incident, like a car crash, the case may become a wrongful death claim. This type of claim seeks compensation for the surviving family members’ losses, such as:
- Funeral and burial expenses. These immediate financial burdens can be recovered.
- Lost financial support. If the deceased provided income or other financial contributions, then loss of income may be part of the recovery.
- Loss of companionship. Courts recognize the emotional and relational toll of losing a spouse, parent, or child and include financial compensation for these losses in wrongful death recoveries.
- Medical bills before death. If your loved one received treatment before passing away, the medical costs related to the accident may be part of the recovery.
The personal representative of your loved one’s estate has standing to bring the wrongful death claim.
If the Death Was Unrelated to the Accident Injury
If your loved one died for reasons unrelated to the original injury, like a heart attack or an unrelated illness, the case typically transforms into a survival action. This legal claim allows the estate to pursue damages the victim would have received had they lived, such as:
- Pain and suffering. Any physical or emotional anguish your loved one suffered from the time of the accident until their death may be part of the recovery.
- Medical costs. Any healthcare costs related to the original injury, not the cause of death, should be compensated.
- Lost income. Wages, benefits, and self-employment income that were lost from the time of the accident until the time of death may be compensated if your loved one was unable to work because of the accident.
As with a wrongful death claim, the personal representative of your loved one’s estate has standing to bring a survival action in South Carolina.
Survival Actions vs. Wrongful Death: Understanding the Difference
These two legal paths often coexist, but they serve different purposes.
A survival action compensates for what the deceased endured, while a wrongful death claim compensates for what the family has lost.
In South Carolina, both may be filed simultaneously. An experienced personal injury lawyer can help you structure these claims to reflect the complete picture of your loved one’s suffering and the impact on their family.
What Should You Do After Your Loved One Dies?
Losing someone mid-lawsuit is emotionally devastating, but it also creates legal urgency. Specific deadlines still apply, and shifting a case from personal injury to a wrongful death or survival claim requires action.
Here are three things you can do to protect your family’s rights as you grieve:
- Notify your attorney immediately. Let them know of the death so they can adjust the legal strategy.
- Initiate probate. A personal representative must be appointed by the probate court to continue the case.
- Collect medical records and the death certificate. This documentation will determine how the case proceeds.
Your lawyer will assess whether both a survival action and a wrongful death claim should be pursued, and advise you of your legal options so you can make the right decisions for your family.
Don’t Let the Case Die With Them—Justice Can Still Be Served
The sudden loss of a loved one feels like a full stop. But when someone was injured because of another person’s carelessness, the law doesn’t have to go silent.
At the Law Office of Sean Wilson, we help grieving families in South Carolina carry forward the fight their loved one began. Whether through a survival action or wrongful death claim, you can pursue the justice they deserved and protect your family’s future in the process.