Wrongful Death

Wrongful death lawyers who pursue full recovery for injured clients and their families.

If your family has suffered the death of a loved one due to another party’s negligence in Columbia, you are likely confronting difficult legal questions alongside an overwhelming personal loss. Determining liability, understanding the rights available to surviving family members under South Carolina law, and addressing the financial consequences of a preventable death all require experienced legal counsel.

Our Columbia, SC wrongful death lawyer at Woron and Dhillon, LLC represents families in wrongful death actions, pursuing accountability against the responsible parties and seeking the full compensation that state law affords. Our firm brings more than 30 years of combined experience in personal injury and wrongful death litigation and has recovered millions of dollars for clients and their families throughout South Carolina. Contact our office to schedule a free consultation with a wrongful death attorney in Columbia, SC.

Wrongful Death Lawyer Columbia, SC

Under South Carolina law, a wrongful death claim exists when a person dies as a result of another party’s wrongful act, neglect, or default, and the deceased person could have brought a personal injury action had they survived. The statute governing these claims is S.C. Code §§ 15-51-10 through 15-51-60.

Only the personal representative of the deceased person’s estate can file the lawsuit. That is typically the executor named in a will or an administrator appointed by the probate court. The claim benefits a specific order of people: first the spouse and children, then the parents if no spouse or children survive, and then the heirs at law if no parents survive either. Any compensation recovered does not become part of the general estate. It passes directly to the statutory beneficiaries and is divided in the proportions that South Carolina intestacy law would dictate. A wrongful death attorney in Columbia can coordinate both the civil claim and the probate steps that must happen alongside it.

Types of Wrongful Death Cases We Handle in Columbia

A fatal injury can result from many different forms of negligence or wrongful conduct. The specific circumstances of the death determine which parties may face liability, what evidence will be needed, and how the investigation proceeds. Our attorneys represent families across Columbia, SC in the following types of wrongful death cases.

• Car accidents. Fatal motor vehicle crashes remain among the most frequent causes of wrongful death claims statewide. A driver who runs a red light, drives while intoxicated, or operates a vehicle recklessly may face a wrongful death action when that conduct kills another person. The family may seek compensation for lost income, loss of companionship, funeral costs, and the emotional devastation that follows.
• Truck accidents. Collisions with commercial trucks produce fatal outcomes at a rate far exceeding standard vehicle crashes. The weight difference is simply too great. Liability in these cases may extend well beyond the truck driver to the carrier, the company that loaded the cargo, or the maintenance provider responsible for the vehicle’s condition. Federal regulations add another layer of evidence that can establish negligence.
• Motorcycle accidents. Motorcyclists have no structural barrier between themselves and the force of a collision. When a negligent driver causes a fatal motorcycle crash, the rider’s family has the right to pursue a wrongful death claim. These cases frequently involve disputes over visibility, right of way, and the bias that insurers bring to motorcycle-related claims.
• Pedestrian accidents. A pedestrian struck by a motor vehicle is among the most vulnerable victims on the road. Fatal pedestrian collisions often occur at crosswalks, intersections, and parking lots, and the at-fault driver may have been distracted, speeding, or failing to yield. The vulnerability of the victim means the injuries are almost always catastrophic or fatal.
• Slip and fall accidents. Not every fall is fatal, but some are. Falls from elevation, falls that produce traumatic brain injuries, and falls that trigger fatal medical complications, especially in older adults, can give rise to wrongful death claims against property owners who failed to address known hazards.
• Medical malpractice. A surgical error, a missed diagnosis, a medication mistake, a hospital-acquired infection. Any of these can kill a patient who entered a medical facility expecting treatment, not harm. Medical malpractice wrongful death cases carry distinct procedural requirements under South Carolina law and require substantial evidence establishing what the accepted standard of care was and how the provider fell short.
• Defective products. A vehicle component that fails at highway speed, a piece of industrial equipment without adequate safety guards, a pharmaceutical product with undisclosed side effects. When a defective product causes a death, the manufacturer, distributor, or retailer may face strict liability or negligence claims brought by the deceased person’s estate.
• Workplace fatalities. Some fatal workplace incidents fall exclusively within workers’ compensation. But when a third party’s negligence played a role, the family may have a wrongful death claim outside the workers’ compensation system. Construction site accidents, equipment failures, and toxic exposure cases frequently present this overlapping liability.

Why Choose Woron and Dhillon, LLC as My Wrongful Death Lawyer in Columbia, SC?

Representing Families When the Stakes Could Not Be Higher

There is no case that demands more sensitivity than a wrongful death claim. Every legal decision the family faces happens against a background of grief, financial stress, and an unfamiliar court system. Meanwhile, the at-fault party’s insurer is already evaluating its exposure and building its defense. Families should not have to manage that dynamic alone. Woron and Dhillon, LLC takes on the investigation, the insurer communications, the probate coordination, and the negotiation or litigation so the family is free to focus on one another.

Amar Dhillon has 26 years of legal experience handling personal injury and wrongful death matters. He earned his J.D. from the Texas A&M University School of Law and holds bar admissions in Texas, Virginia, and Washington, D.C. Brett Woron graduated from the University of South Carolina School of Law and has been practicing since 2010. He has been recognized as a Super Lawyers Rising Star and named a Legal Elite of the Midlands honoree, and he maintains memberships in the South Carolina Association for Justice and the Richland County Bar Association.

Results That Reflect the Seriousness of the Loss

Woron and Dhillon, LLC has recovered millions of dollars for clients in personal injury and wrongful death matters throughout South Carolina. We handle every wrongful death case on a contingency fee basis. No upfront costs. No attorney fees unless we secure compensation for your family. If you need a personal injury lawyer in Columbia, SC to pursue a wrongful death claim, contact our office for a free consultation.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation for Wrongful Death Cases

The damages in a wrongful death case are meant to account for both the financial consequences and the personal devastation that a family endures when a loved one is killed through someone else’s negligence.

Economic damages reflect the measurable financial impact.

• Lost future income.
• The value of employment benefits and retirement contributions that will never materialize.
• Funeral and burial expenses.
• Medical costs incurred between the initial injury and the death itself.

When the deceased was the household’s primary wage earner, the economic component alone can be substantial, and calculating it accurately often requires input from forensic economists and vocational professionals.

Non-economic damages address what money cannot truly replace.

• A surviving spouse’s loss of companionship, intimacy, and emotional support.
• Children who will grow up without the guidance and presence of a parent.
• The grief and mental anguish that the family carries indefinitely.

South Carolina law recognizes every one of these losses as compensable, and establishing them at trial requires testimony and evidence that conveys who the deceased person was within the family’s daily life.

Punitive damages may be available when the at-fault party’s conduct was willful, wanton, or reflected a reckless disregard for human life. These damages are not compensatory. They exist to hold the wrongdoer accountable and to deter others from similar conduct. South Carolina does not impose a general cap on wrongful death damages, although medical malpractice wrongful death cases are subject to specific statutory limitations.

On the liability side, the family must show that the at-fault party owed a duty of care, violated that duty, and that the violation directly caused the death. South Carolina’s modified comparative negligence framework under S.C. Code § 15-38-15 applies. If the deceased person is found to be 51 percent or more at fault for the incident that caused their death, the family is barred from recovering any compensation.

What Are Important Aspects of a Wrongful Death Case?

Wrongful death claims come with procedural requirements and evidentiary challenges that set them apart from other personal injury actions. Several of these deserve attention early.

• The personal representative of the estate is the only person who can file a wrongful death lawsuit in South Carolina. That means the estate has to be opened in probate court, and a representative has to be formally appointed, before the claim can move forward. This step takes time and should begin as soon as possible
• Evidence does not wait. Physical evidence at the scene can be altered or destroyed. Surveillance footage gets overwritten. Witness memories fade. The at-fault party’s insurer dispatches its own investigators immediately. An attorney’s early involvement protects the evidence the family will need later
• Wrongful death cases involving preexisting health conditions are especially contentious. The defense will argue that the deceased person’s prior medical condition was the real cause of death. Countering that argument requires clear, well-documented medical evidence linking the death to the defendant’s conduct
• Any settlement of a wrongful death claim in South Carolina requires court approval. The personal representative cannot accept an offer unilaterally. The court reviews the terms to confirm they are fair and in the interests of the statutory beneficiaries
• More than one defendant may bear responsibility for a single death. A drunk driving fatality, for instance, could give rise to claims against the driver and the establishment that continued serving alcohol to someone who was visibly intoxicated

What Is the Wrongful Death Case Timeline?

Wrongful death cases require steps that other personal injury claims do not, and the timeline reflects those additional layers.

• First weeks: The family contacts a wrongful death attorney in Columbia. The attorney begins an independent investigation and sends preservation letters to every party that may hold relevant evidence. Concurrently, the attorney advises the family on opening the estate in probate court and having a personal representative appointed
• Months one through six: The estate is formally opened. The attorney gathers accident or incident reports, medical records, financial documentation, witness statements, and any physical or electronic evidence available. Depending on the complexity, accident reconstruction professionals, medical consultants, or forensic economists may be brought in
• Demand and negotiation: Once the investigation is complete, the attorney assembles a demand reflecting the full scope of the family’s losses and submits it to the at-fault party’s insurer. If a settlement is reached, it must be submitted to the court for approval
• Litigation: If the insurer refuses to offer fair compensation, the attorney files suit on behalf of the estate. Discovery, depositions, and retained professionals develop the case for trial. These cases can take a year or longer to resolve through litigation
• Resolution: The case concludes through a court-approved settlement, a mediation agreement, or a jury verdict. The compensation is then distributed to the statutory beneficiaries according to South Carolina intestacy law

Under S.C. Code § 15-3-530(6), the statute of limitations for wrongful death actions in South Carolina is three years from the date of death. That deadline does not adjust for the complexity of the case or the family’s grieving process. Consulting an attorney early protects both the claim and the evidence that supports it.

What Should You Bring to Your Wrongful Death Consultation?

Having documentation ready at the first meeting allows your attorney to assess the case more quickly and begin identifying who may be held responsible. Bring what you can from the list below.

• The death certificate and any autopsy or medical examiner’s report
• Medical records and bills for treatment the deceased received between the injury and the death
• The police report, incident report, or workplace accident report connected to the fatal event
• Financial records showing the deceased person’s income, employment history, and benefits
• Insurance information for all parties, along with any correspondence from the at-fault party’s insurer
• Any documents related to the estate, including whether a personal representative has been appointed

Your attorney will review the facts, explain how South Carolina wrongful death law applies, and give you an honest assessment of your claim’s potential value. The consultation is free and confidential, and there is no obligation to move forward.

What Are Important South Carolina Legal Resources for Wrongful Death Cases?

These resources serve as starting points for understanding the South Carolina laws that apply to wrongful death claims. They are for general information and are not a substitute for legal counsel.

• The SC wrongful death statute at Title 15, Chapter 51, establishes who can bring a wrongful death action, who the statutory beneficiaries are, and how recovered damages are distributed
• The South Carolina Legislature publishes Title 15, Chapter 3, which sets the three-year statute of limitations for wrongful death claims, with the clock beginning on the date of death
• The SC Contribution Among Tortfeasors Act addresses comparative negligence and how fault is allocated among multiple defendants in cases involving shared responsibility
• The NHTSA traffic safety page provides national fatality data for motor vehicle, pedestrian, and motorcycle crashes, which are among the most common causes of wrongful death claims
• The SCDPS Office of Highway Safety maintains South Carolina’s traffic collision database and publishes annual reports documenting fatal crash trends throughout the state

Reach Out to Woron and Dhillon, LLC to Schedule a Consultation

If your family has lost a loved one in Columbia, SC because of another party’s negligence, the attorneys at Woron and Dhillon, LLC are prepared to review your case at no cost. We take wrongful death cases on a contingency fee basis. No upfront fees, and no attorney fees unless we recover compensation for your family. Contact us to schedule a free, confidential case review with a wrongful death lawyer in Columbia and begin the process of holding those responsible accountable.