South Carolina Bar
American Association for Justice
South Carolina Association for Justice

Wrongful Death

Wrongful death happens when a death is caused by the negligence, carelessness, recklessness or intentional fault of another person or entity. A wrongful death may be, for example, a death caused by: elder abuse and neglect at a nursing home; a physician’s prescription of too much opioid medication along with benzodiazepines and hypnotic drugs; a physician’s failure to diagnose and/or treat a disease that ultimately proves fatal; an automobile accident caused by a reckless, distracted or drunk driver; an unleashed vicious dog attack on a child; the administration of too much anesthesia during an operation; an assault by a mob of unsupervised inmates, etc.

The law in South Carolina provides a civil remedy for the beneficiaries of the person who has been wrongfully killed.

In South Carolina, wrongful death lawsuits are filed by whoever has been appointed personal representative of the decedent’s estate. Generally this is a family member of the decedent (spouse, parent, child). The personal representative has the right and authority to prosecute the claim on behalf of the estate and the decedent’s beneficiaries. Wrongful death claims may be filed to obtain monetary compensation for earnings and benefits the deceased person would have otherwise provided to his or her family, had he or she not died. Other damages that may be recovered in a wrongful death lawsuit include:

  • Mental anguish, grief, sorrow and wounded feelings of the survivors of the decedent
  • Loss of the decedent’s companionship, consortium, society, care and protection
  • Loss of the decedent’s personal services
  • Punitive damages, intended to punish wrongdoers and prevent them from harming others

The personal representative of the estate of the decedent may also bring what is called a survival action on behalf of the decedent’s estate (and, therefore, the beneficiaries of that estate). Damages that may be recovered in a survival action are:

  • Death-related expense, e.g., medical and funeral bills
  • The decedent’s own conscious pain and suffering before he or she died
  • Punitive damages, intended to punish wrongdoers and prevent them from harming others

If you live in the Pee Dee or other area of South Carolina, and a loved one has suffered a wrongful death, you may be eligible to receive compensation under the law.

The Tuck Law Firm has handled many wrongful death suits arising out of eighteen wheeler on automobile accidents, other motor vehicle accidents, medical negligence, including surgical negligence, nursing negligence, anesthesia negligence, emergency room physician negligence, family practitioner negligence, nurse practitioner negligence, physician assistant negligence, pain management physician negligence, psychiatry negligence, paramedic negligence, nursing home negligence, hospital negligence, as well as negligence by healthcare providers in county jails and state prisons, and wrongful death by negligence of county jail and state prison employees.

This negligence leading to death may manifest itself as drunk driving, reckless driving, driving on the wrong side of the road, driving while impaired, undiagnosed and untreated cancer, undiagnosed and untreated infection, over-prescription of dangerous drugs leading to respiratory depression and death, failing to have required equipment on an ambulance, negligent discharge from an emergency room, failure to adequately staff a prison or prison wing, failure to properly screen new inmates, failure to divert arrestees to the hospital, failure to treat alcohol or drug withdrawals, failure to adequately monitor a suicidal inmate, etc.

If a loved one has died, and you believe the death was wrongful, call attorney Tuck at 843-393-2201 or contact us online for a consultation.

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