Losing a loved one unexpectedly brings unimaginable grief. While family members struggle with their pain, important legal deadlines can pass unnoticed. In South Carolina, families have limited time to file a wrongful death case. Missing these vital deadlines can eliminate your right to seek justice and compensation forever.
At the Law Office of Sean M. Wilson, we understand the delicate balance between grieving and protecting your family’s legal rights. Our experienced South Carolina wrongful death lawyers help families throughout the Lowcountry and Midlands navigate these time-sensitive matters while providing the compassionate support they need during this difficult period.
Here’s what you should know about South Carolina’s wrongful death statute of limitations and how our dedicated attorneys can ensure you meet these deadlines and help you pursue the justice and compensation you deserve.
South Carolina Wrongful Death Statute of Limitations
South Carolina law gives families just three years from the date of death to file a wrongful death lawsuit. In most cases, this deadline applies regardless of when you discover the cause of death or realize that negligence played a role, with the three years beginning on the exact date your loved one passed away, not when the incident that caused their death occurred.
For example, if your family member died in a car accident on January 15, 2024, you must file your wrongful death case by January 15, 2027. Even if the accident happened months earlier and your loved one survived for a time in the hospital, the filing deadline runs from the death date.
Medical malpractice cases are sometimes an exception. In some cases, the three-year period begins on the date that the medical malpractice that caused the death was—or reasonably should have been—discovered.
Wrongful death claims against government entities have an even shorter statute of limitations, with families having just two years from the death date to file a lawsuit.
Prompt action is essential for South Carolina families. Once these deadlines pass, courts will typically dismiss your case regardless of the strength of your claim.
Factors That Can Affect Your Filing Timeline
Circumstances can impact when and how you file your South Carolina wrongful death case. The following factors can affect your filing timeline.
Discovery of the Cause
Families don’t always immediately understand what caused their loved one’s death. Medical malpractice cases, for example, may involve delayed discovery of negligence. However, in most cases, the wrongful death statute of limitations still runs from the death date, rather than when you discover the actual cause.
Criminal Cases
If the person responsible for your loved one’s death faces criminal charges, you might assume that the criminal case must resolve first, but this is not correct. Criminal and civil cases proceed on separate tracks, and the wrongful death statute of limitations continues running during—and despite—any criminal proceedings.
Multiple Defendants
Cases involving multiple potentially responsible parties can create timing challenges. A truck accident might involve the driver, trucking company, vehicle manufacturer, and others. Each defendant may raise different legal arguments that require time to investigate and address.
Estate Administration
South Carolina requires the deceased person’s personal representative to file wrongful death cases on behalf of the surviving spouse, children, or parents. Delayed estate administration can impact your ability to meet filing deadlines. Unfortunately, courts will not extend the statute of limitations simply because estate matters are pending.
Why Acting Quickly Protects Your Rights
Filing within the state’s wrongful death statute of limitations involves more than just meeting a deadline. Here’s how taking prompt action helps preserve crucial evidence and strengthens your case:
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Witness testimony becomes more reliable when memories are fresh
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Physical evidence at accident scenes can be lost or destroyed over time
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Medical records and documentation may become harder to obtain as time passes
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Expert witnesses need access to evidence while it remains intact
Insurance companies and defense attorneys understand these challenges. They often delay settlement discussions, hoping evidence will deteriorate or witnesses will become unavailable. Early legal representation helps counter these tactics and protects your family’s interests.
Steps to Take After a Wrongful Death
If you believe your loved one’s death resulted from someone else’s negligence, taking the following actions can help preserve your legal rights:
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Contact a wrongful death lawyer immediately to discuss your options and deadlines
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Preserve all relevant documents, including medical records, accident reports, and insurance correspondence
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Document the financial impact of your loss, including funeral expenses and lost income
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Avoid giving recorded statements to insurance companies without legal representation
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Keep detailed records of how the death has affected your family emotionally and financially
How Our South Carolina Wrongful Death Lawyers Help
The Law Office of Sean M. Wilson provides families with the legal guidance they need while respecting their grieving process. We handle the legal details so you can focus on healing and supporting each other.
Our approach includes conducting thorough investigations to identify all responsible parties, calculating the full value of your economic and non-economic losses, and negotiating with insurance companies and defense attorneys on your behalf. We also prepare cases for trial when fair settlement offers aren’t available.
South Carolina’s wrongful death statute requires actions within three years of your loved one’s death in most cases. Don’t let this deadline pass while you’re still processing your grief. Early legal consultation and representation help protect your family’s rights while giving you time to make informed decisions about your case.