Wrongful Death Lawyers Serving South Carolina, Georgia & North Carolina

Losing someone you love to an accident that should never have happened is devastating. No legal case can undo that loss. But if your family member died because of someone else’s negligence, you have a right to hold the responsible party accountable and pursue compensation that helps your family move forward.

At George Sink Injury Lawyers, our wrongful death attorneys have spent more than 40 years advocating for families across South Carolina, Georgia, and North Carolina. Founded by Vietnam Veteran George Sink, Sr., our firm was built on the belief that every family deserves access to experienced, compassionate legal representation — regardless of their financial situation.

We handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we win your case. Call (888) 612-7001 today for a free, no-obligation case review.

What Is a Wrongful Death Claim in South Carolina?

A wrongful death occurs when a person dies as a direct result of another party’s wrongful act, neglect, or default. South Carolina’s wrongful death statute (S.C. Code § 15-51-10) provides a legal pathway for the deceased person’s survivors to file a civil lawsuit against the party responsible for the fatal injury.

The legal standard is straightforward: if the deceased would have been able to file a personal injury claim had they survived, their family can pursue a wrongful death action instead. This applies whether the death resulted from an accident, a medical error, a defective product, or even a criminal act.

It is important to understand that a wrongful death lawsuit is a civil proceeding, not a criminal case. The burden of proof is lower than in criminal court. Your attorney must demonstrate liability by a “preponderance of the evidence” — meaning it is more likely than not that the defendant’s actions caused the death. A separate criminal prosecution may proceed at the same time, and a wrongful death claim can be filed regardless of whether criminal charges are brought.

Our Wrongful Death Lawyer Near Me(888) 612-7001

Who Can File a Wrongful Death Lawsuit in South Carolina?

South Carolina law is specific about who may bring a wrongful death action. Under S.C. Code § 15-51-20, only the executor or administrator of the deceased person’s estate can file the lawsuit. This is a common point of confusion for families — the surviving spouse, children, or parents are the beneficiaries of the claim, but they do not file it directly.

Here is how the process works:

• If the deceased had a will, the named executor typically files the wrongful death action on behalf of the surviving family.
• If there was no will, the court appoints an administrator (often a spouse or close family member) to serve as the personal representative of the estate.
• Beneficiaries include the surviving spouse, children, and parents of the deceased. Under S.C. Code § 15-51-30, a child’s right to claim is not affected by their parents’ marital status.

Any damages recovered are distributed among the beneficiaries according to South Carolina’s intestate succession rules, even if the deceased had a will. This means the court follows a statutory formula to divide the settlement or verdict among eligible family members.

Our wrongful death attorneys can guide your family through the estate administration process and ensure the right representative is in place to move your case forward. If you are unsure about your eligibility, contact us for a free consultation.

Common Types of Wrongful Death Cases We Handle

Wrongful death claims can arise from virtually any situation where negligence or misconduct leads to a fatal outcome. Our attorneys have represented families in wrongful death cases involving:

Fatal Car Accidents

Car accidents are the leading cause of wrongful death claims in South Carolina. Speeding, distracted driving, drunk driving, and failure to yield are among the most common causes of fatal crashes. If your loved one was killed in a collision caused by a negligent driver, our car accident attorneys can help.

Truck Accident Deaths

Fatal collisions involving commercial trucks and tractor-trailers often involve multiple liable parties, including the driver, trucking company, and maintenance providers. These cases require thorough investigation. Learn more about our truck accident practice.

Motorcycle Accident Fatalities

Motorcyclists are especially vulnerable in collisions with larger vehicles. When a negligent driver causes a fatal motorcycle crash, surviving family members may pursue a wrongful death claim. Our motorcycle accident lawyers understand these cases.

Medical Malpractice Deaths

Surgical errors, misdiagnosis, delayed treatment, medication mistakes, and hospital negligence can all result in preventable deaths. Medical malpractice wrongful death cases involve complex medical evidence and expert testimony, and they carry unique statute of limitations rules in South Carolina (discussed below).

Workplace Deaths

When a worker is killed on the job due to unsafe conditions, equipment failure, or employer negligence, surviving family members may be entitled to both workers’ compensation death benefits and, in certain situations, a wrongful death claim against a third party. Our workers’ compensation attorneyscan evaluate your options.

Premises Liability and Slip-and-Fall Deaths

Property owners have a duty to maintain safe conditions for visitors. When hazardous conditions such as unmarked wet floors, broken railings, or inadequate security lead to a fatal accident, the property owner may be held liable. See our premises liability page for more details.

Defective Product Deaths

When a dangerous or defective product causes a fatal injury, manufacturers, distributors, and retailers may all share liability. Our defective products attorneys pursue product liability wrongful death claims on behalf of families.

Other Fatal Accidents

We also handle wrongful death claims arising from pedestrian accidents, bicycle collisions, boating accidents, nursing home abuse and neglect, and other preventable fatalities. If you believe negligence played a role in your loved one’s death, we encourage you to reach out for a free case evaluation.

Damages Available in a South Carolina Wrongful Death Case

The purpose of a wrongful death lawsuit is to compensate the surviving family for the losses they have suffered and will continue to suffer due to their loved one’s death. Under S.C. Code § 15-51-40, the jury may award damages based on the full impact of the loss. These damages fall into three categories:

Economic Damages

Economic damages compensate for measurable financial losses, including:

• Medical expenses incurred between the injury and death
• Funeral and burial costs
• Lost income the deceased would have earned over their remaining working life
• Lost benefits such as health insurance, retirement contributions, and pension
• Loss of inheritance for the financial support the family expected to receive
• Value of household services the deceased provided

Non-Economic Damages

Non-economic damages address the personal and emotional toll on surviving family members:

• Loss of companionship and consortium (the relationship between spouses)
• Loss of parental guidance and nurturing for minor children
• Mental anguish, grief, and emotional suffering
• Loss of care, comfort, and society

Punitive (Exemplary) Damages

When the conduct that caused the death was especially reckless or deliberate, South Carolina law allows the court to award punitive damages — also called exemplary damages. These are not intended to compensate the family but to punish the wrongdoer and deter similar conduct in the future. Punitive damages are evaluated on a case-by-case basis and depend on the severity of the defendant’s behavior.

Our wrongful death lawyers work with financial experts and economists to accurately calculate the full scope of your family’s losses, ensuring no category of damage is overlooked. Call (888) 612-7001 to discuss what your case may be worth.

Wrongful Death vs. Survival Action: Understanding Both Claims

South Carolina law allows families to pursue two separate but related legal claims when a loved one dies due to negligence. Understanding the difference is important because each claim addresses a different set of losses and follows different rules.

Both claims are filed by the personal representative of the estate and can be pursued simultaneously. However, the statute of limitations for a survival action runs from the date of the injury, not the date of death — an important distinction that affects timing.

Damages from a wrongful death settlement are distributed to the surviving family members. Damages from a survival action are paid to the estate and distributed according to the deceased’s will (if one exists). Our attorneys evaluate every case to determine whether both claims apply and pursue both when appropriate to maximize your family’s total recovery.

Statute of Limitations for Wrongful Death in South Carolina

South Carolina imposes strict deadlines for filing wrongful death lawsuits. Missing these deadlines can permanently bar your family from seeking compensation, regardless of the strength of your case.

General Deadline: 3 Years

Under S.C. Code § 15-3-530(6), a wrongful death lawsuit must be filed within three years of the date of the deceased person’s death. If the lawsuit is not filed within this window, the court will almost certainly dismiss the case.

Government Defendants: 2 Years

If the wrongful death involves a government entity — such as a county hospital, a state-run facility, or a government employee acting in their official capacity — the statute of limitations is shortened to two years under South Carolina’s Tort Claims Act.

Medical Malpractice Exception

When a wrongful death results from medical malpractice, South Carolina applies a “discovery rule.” The three-year clock may begin running from the date the malpractice was discovered (or reasonably should have been discovered), rather than the date of death. However, no wrongful death claim related to medical malpractice can be filed more than six years after the date of the medical act that caused the harm.

Other Exceptions

• Minor beneficiaries: If the only person eligible to file is under 18, the statute may be tolled until they reach legal adulthood.
• Fraud or concealment: If the responsible party deliberately hid evidence of their wrongdoing, the court may extend the filing deadline.

Do not wait until the deadline approaches. Investigating a wrongful death claim takes time, and critical evidence can be lost. Contact our attorneys as soon as possible to protect your rights. Call (888) 612-7001 for a free case review.

How We Prove Negligence in a Wrongful Death Case

To succeed in a wrongful death lawsuit, your attorney must establish four legal elements:

1. Duty of care. The responsible party owed your loved one a duty to act with reasonable care. Drivers owe this duty to other motorists and pedestrians. Doctors owe it to their patients. Property owners owe it to visitors on their premises.
2. Breach of duty. The responsible party failed to meet that standard of care. Examples include a driver running a red light, a surgeon operating on the wrong site, or a property owner ignoring a known hazard.
3. Causation. The breach of duty directly caused or substantially contributed to your loved one’s death. Our attorneys work with medical experts, accident reconstruction specialists, and forensic investigators to establish this link.
4. Damages. Your family suffered quantifiable losses as a result of the death, including financial costs, emotional suffering, and loss of companionship.

We handle the investigation, evidence gathering, and expert consultations so your family can focus on healing. Our goal is to build the strongest possible case for maximum compensation.

Wrongful Death Lawyers Near You

George Sink Injury Lawyers operates more than 15 offices across South Carolina, Georgia, and North Carolina. Wherever you are, our wrongful death attorneys can meet with you at a location that is convenient for your family.

We serve families in the following areas:

South Carolina

• Charleston Wrongful Death Lawyer 
• Greenville Wrongful Death Lawyer 
• Columbia Wrongful Death Lawyer 
• Myrtle Beach Wrongful Death Lawyer
• Spartanburg Wrongful Death Lawyer
• Walterboro Wrongful Death Lawyer
• Greenwood Wrongful Death Lawyer
• Sumter Wrongful Death Lawyer
• Florence Wrongful Death Lawyer
• Orangeburg Wrongful Death Lawyer

Georgia

• Augusta Wrongful Death Lawyer
• Atlanta Wrongful Death Lawyer

North Carolina

• Charlotte Wrongful Death Lawyer

Don’t see your city listed? We still may be able to help. Call (888) 612-7001 or visit our full service area directoryto find the office nearest you.

Why Families Choose George Sink Injury Lawyers for Wrongful Death Cases

When you are grieving, you need attorneys who will treat your case with the care and urgency it deserves. Our firm has built a reputation for compassionate, aggressive advocacy over more than four decades of service.

• Founded by a Vietnam Veteran. George Sink, Sr. built this firm on the principles of service, duty, and protecting those who cannot protect themselves. That mission drives everything we do.
• No fee unless we win. We operate on a strict contingency fee basis. Your family pays nothing unless we recover compensation on your behalf.
• Direct access to your attorney. You will have a direct line to the lawyer handling your case. We provide regular updates and answer every question along the way.
• Multi-state resources. With offices across three states, we have the reach and resources to investigate your case thoroughly, no matter where the fatal accident occurred.
• Trial-tested experience. While many wrongful death cases settle before trial, insurance companies know we are prepared to take your case to court if they refuse to offer fair compensation.

We understand your family is in shock, and we want to make the legal process as straightforward as possible. Our attorneys are ready to listen to your story and explain your options.

Frequently Asked Questions About Wrongful Death Claims

How long do I have to file a wrongful death lawsuit in South Carolina?

In most cases, surviving family members have three years from the date of their loved one’s death to file a wrongful death lawsuit. If the claim involves a government entity, the deadline is shortened to two years. Medical malpractice cases may have an extended discovery period, but no claim can be filed more than six years after the medical act that caused the death.

Who receives the money from a wrongful death settlement in South Carolina?

Although the personal representative of the estate files the lawsuit, the recovered damages are distributed to the deceased’s surviving spouse, children, or other beneficiaries. South Carolina law divides these funds according to the state’s intestate succession rules, regardless of whether the deceased had a will.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family for their losses after the death, including lost income, funeral costs, and loss of companionship. A survival action compensates the deceased person’s estate for the pain, suffering, and medical expenses incurred between the injury and the death. Both claims can be filed at the same time.

How much is a wrongful death case worth in South Carolina?

The value of a wrongful death case depends on many factors, including the deceased’s age, earning capacity, the nature of the death, and the impact on surviving family members. South Carolina does not place a cap on compensatory damages in most wrongful death cases. Punitive damages may also be available when the defendant’s conduct was reckless or intentional.

Can I file a wrongful death lawsuit if criminal charges are pending?

Yes. A wrongful death lawsuit is a civil action, which is separate from any criminal prosecution. The two proceedings operate independently and have different standards of proof. You do not need to wait for a criminal case to conclude before filing a wrongful death claim.

What if my loved one was partially at fault for the accident?

South Carolina follows a modified comparative negligence rule. You may still recover damages in a wrongful death claim as long as the deceased was less than 51% responsible for the accident. The total damages award would be reduced by the deceased’s percentage of fault.

Do I need a lawyer for a wrongful death case?

While there is no legal requirement to hire an attorney, wrongful death claims involve complex procedural rules, court-approved settlement requirements, insurance company negotiations, and expert testimony. An experienced wrongful death lawyer protects your rights throughout the process and typically recovers significantly more than families who attempt to handle claims on their own.

How much does a wrongful death lawyer cost?

George Sink Injury Lawyers handles all wrongful death cases on a contingency fee basis. This means you pay no attorney fees unless we win compensation for your family. There is no upfront cost and no financial risk to you. Call (888) 612-7001 to discuss your case.

Get a Free Wrongful Death Case Review Today

We know this is an incredibly difficult time for your family. No one should have to navigate the legal system while grieving the loss of someone they love. Our wrongful death attorneys are here to shoulder that burden so you can focus on your family.

During your free case review, a member of our legal team will listen to your story, explain your legal options, and answer your questions. There is no obligation and no pressure. We simply want to help you understand what may be possible.

Call us 24/7 at (888) 612-7001 or complete our case review form. Your first consultation is always free, and you will never pay a fee unless we win.