Charleston Wrongful Death Lawyer

Trusted wrongful death lawyers with over 30 years of experience.

When a family loses a loved one due to another party’s negligence in Charleston, the surviving members face both profound personal loss and significant legal and financial considerations. South Carolina’s wrongful death statute provides surviving family members with the right to pursue accountability and compensation when a death results from wrongful conduct. While no legal action can restore what was lost, a wrongful death claim addresses the financial harm the family has sustained and establishes legal responsibility for the conduct that caused the death.

Woron and Dhillon, LLC has more than 30 years of combined experience handling serious injury and wrongful death claims across South Carolina. Our Charleston, SC wrongful death lawyer can walk you through the process, protect your family’s rights, and pursue the recovery the law allows. Contact us for a free consultation.

Wrongful Death Lawyer Charleston

What is a wrongful death claim under South Carolina law?

A wrongful death claim arises when a person dies because of the wrongful act, neglect, or default of another party. Under S.C. Code § 15-51-10, the standard is whether the deceased person would have had a valid personal injury claim if they had survived. If the answer is yes, the family may bring a wrongful death action against the party responsible.

Only the personal representative of the deceased person’s estate can file the lawsuit, and the law designates specific beneficiaries who may receive the recovery. Those beneficiaries typically include the surviving spouse, children, and, in some cases, parents. The process involves probate court, insurance negotiations, and often litigation. A wrongful death attorney in Charleston, SC, can guide the family through each step.

Types of Wrongful Death Cases We Handle in Charleston

Wrongful death claims arise from many different circumstances. The underlying cause of death determines how the case is investigated, who the defendants are, and what evidence is needed. We handle the following types of wrongful death cases in the Charleston area.

• Car accidents. Motor vehicle crashes remain the most common cause of wrongful death claims in South Carolina. Speeding, distracted driving, running red lights, and failing to yield are negligent acts that kill people on Charleston’s roads every year. When a collision is fatal, the at-fault driver’s liability extends to the surviving family through the wrongful death statute.
• Motorcycle accidents. The lack of structural protection makes motorcycle crashes disproportionately fatal. A left-turn collision or a rear-end impact that might produce a broken bone in a car can kill a rider. These cases require careful reconstruction of the crash to establish that the other driver’s negligence caused the death.
• Pedestrian accidents. A pedestrian struck by a vehicle at even moderate speeds faces a high risk of fatal injury. Crosswalk failures, hit-and-run crashes, and impaired drivers are among the leading causes of pedestrian fatalities in urban areas like Charleston.
• Truck accidents. Collisions involving commercial trucks produce fatal outcomes at higher rates than passenger vehicle crashes due to the sheer size and weight disparity. Federal trucking regulations, driver logs, maintenance records, and carrier hiring practices all become relevant evidence in a wrongful death case involving a commercial vehicle.
• Workplace injuries. Construction falls, electrical incidents, equipment malfunctions, and exposure to hazardous materials cause workplace fatalities throughout the Charleston area. When a death is caused by a third party’s negligence rather than the employer alone, the family may have a wrongful death claim in addition to any workers’ compensation benefits.
• Medical malpractice. A misdiagnosis, a surgical error, a medication mistake, or a failure to monitor a patient’s condition can result in death. Medical malpractice wrongful death cases require a review of the standard of care and often involve testimony from physicians in the same specialty as the provider who made the error.
• DUI-related deaths. When an impaired driver kills someone, the surviving family has a right to pursue both compensatory and punitive damages. South Carolina courts have historically treated DUI wrongful death cases with particular seriousness. Legal guidance after a tragedy can help families understand the full range of options available to them.

Why Choose Woron and Dhillon, LLC for Wrongful Death Cases in Charleston, SC?

A Firm That Handles These Cases With the Seriousness They Demand

Wrongful death cases carry financial stakes and emotional weight that most other claims do not. The legal work requires thorough investigation, accurate damage calculations that account for decades of lost income and companionship, and the willingness to take the case to trial if the insurance company’s offer falls short. 

Amar Dhillon has practiced law for over 26 years and is a member of the American Bar Association. His career has been dedicated to personal injury and wrongful death claims, and he holds bar admissions in Texas, Virginia, and Washington, D.C.

Brett Woron has tried cases to verdict since 2011 and has been named a Super Lawyers Rising Star. He is admitted to the U.S. District Court for the District of South Carolina and is a member of the South Carolina Association for Justice and the Richland County Bar Association.

Our firm has recovered millions of dollars for clients across South Carolina, including significant recoveries in death claims and catastrophic injury cases. We handle wrongful death cases on contingency. Your family pays no fees unless we recover compensation.

If you need a personal injury lawyer in Charleston, we are ready to help.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

South Carolina’s wrongful death statute allows surviving family members to recover damages that fall into several categories. The goal is to compensate the family for the losses that flow from the death, not to put a price on the person’s life.

Economic damages include the income the deceased would have earned over the remainder of their working life, the value of benefits and retirement contributions lost, funeral and burial costs, and medical expenses incurred between the injury and the death. When the deceased was the primary earner in the household, these figures can reach well into the hundreds of thousands or millions of dollars. Understanding the distinction between economic and non-economic categories is critical because each requires different evidence and different calculation methods.

Non-economic damages compensate for the personal losses that surviving family members endure. Loss of companionship, loss of guidance and counsel to children, loss of consortium for a surviving spouse, and the mental anguish that comes with losing a loved one to preventable negligence. South Carolina law recognizes these losses as real and compensable, even though they do not carry a fixed dollar amount.

Punitive damages are available under S.C. Code § 15-51-40 when the conduct that caused the death was reckless, willful, or wanton. Drunk driving fatalities, knowing safety violations, and deliberate indifference to human life are examples of conduct that can support a punitive award.

The existence of preexisting medical conditions does not bar a wrongful death claim. South Carolina follows the “eggshell plaintiff” rule, which means the at-fault party takes the victim as they find them. If a preexisting condition made the victim more vulnerable to a fatal outcome, that does not reduce the defendant’s liability.

South Carolina’s comparative negligence rule under S.C. Code § 15-38-15 can still apply. If the deceased bore some share of fault for the incident that caused their death, the family’s recovery is reduced by that percentage. At 51% or more, the claim is barred.

Important Aspects in Your Wrongful Death Case

Several procedural and evidentiary issues arise in wrongful death cases that families should be aware of early in the process.

• Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. If no estate has been opened, one must be established before the case can proceed.
• The statute of limitations for wrongful death claims in South Carolina is three years from the date of death, not the date of the accident. Missing this deadline bars the claim entirely.
• Evidence preservation is critical. Accident scene photographs, vehicle data recorders, surveillance footage, employment records, and medical records should all be secured as quickly as possible.
• Insurance companies handling wrongful death claims are not more sympathetic because a life was lost. They evaluate liability and damages the same way they would in any other claim and look for reasons to reduce the payout.

Wrongful Death Case Timeline

Wrongful death cases tend to take longer than standard personal injury claims because of the procedural requirements and the complexity of the damages.

• The estate must be opened and a personal representative appointed before the lawsuit can be filed. This is a probate court process.
• Investigation begins immediately. We gather the accident report, witness statements, medical records, employment and financial records, and any expert analysis needed to establish liability and quantify damages.
• A demand is sent to the at-fault party’s insurer. The demand documents liability and calculates the full value of the loss across every category of damages.
• Negotiations follow. Wrongful death claims involve larger numbers and higher stakes, and insurers often take longer to respond.
• If the insurer will not offer a fair amount, we file suit and prepare the case for trial. Any wrongful death settlement must be approved by the court under S.C. Code § 15-51-41.

The financial consequences of losing a family member extend over years and often decades. An early settlement offer from the insurer will not account for the full scope of those losses, particularly future income, benefits, and the long-term impact on the family. There are important reasons to wait until the complete financial picture is established before agreeing to any figure.

What to Bring to Your Wrongful Death Consultation

Preparing for the initial consultation helps us evaluate the case more quickly and provide the family with clear guidance.

• The death certificate and any autopsy report
• The police or incident report
• Medical records documenting treatment between the injury and the death
• The deceased person’s employment records, tax returns, and income documentation
• Life insurance policy information and any correspondence from the at-fault party’s insurer

We will review the facts surrounding the death, explain the legal process, and discuss the options available to your family. There is no cost for this consultation.

South Carolina Legal Resources for Wrongful Death Cases

South Carolina law addresses wrongful death through a specific statutory framework. The following resources provide a foundation for understanding how these claims work.

• The SC Wrongful Death Act, codified at S.C. Code §§ 15-51-10 through 15-51-60, establishes the right to bring a wrongful death action, identifies who may benefit from the recovery, and sets forth the types of damages available, including punitive damages.
• The SC Code of Laws, Title 15, Chapter 3 establishes the statute of limitations. Wrongful death claims must be filed within three years of the date of death under S.C. Code § 15-3-530(6).
• The SC Contribution Among Tortfeasors Act governs fault allocation and comparative negligence in cases where more than one party contributed to the death.

These resources provide general legal information. They are not a substitute for advice from an attorney about the specific facts of your case.

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

If your family lost a loved one due to negligence in Charleston, SC, Woron and Dhillon, LLC can help you understand your rights and pursue the accountability and compensation the law provides. We offer free consultations and handle wrongful death claims on a contingency fee basis. Contact our office to speak with a Charleston wrongful death attorney about your case.