Average Wrongful Death Settlement in South Carolina (2024)

If you have recently lost a family member due to an act of negligence, you may have grounds to pursue a wrongful death claim. If so, you are likely to wonder about the average wrongful death settlement in South Carolina and what type of compensation you could expect if you succeed with the case. The reality is that it is very difficult to estimate the value of this type of case, and many factors influence the final settlement or trial verdict award you receive.

Elements of a Wrongful Death Settlement

A wrongful death case is a type of personal injury case filed by the family of the victim who did not survive their personal injury. If they would have had grounds to file a personal injury suit against the party responsible for harming them had they survived, their family likely has grounds to file a wrongful death suit when they have not. Similar to other personal injury cases, wrongful death cases allow for the claiming of compensation for economic and non-economic damages.

The economic damages a plaintiff may seek in a wrongful death suit are likely to include:

• Damages to the estate of the deceased, such as the cost of their final medical treatment, if any attempts were made to save their life after the accident in question. It is also possible to seek compensation for any property damage caused by the defendant.
• Lost financial support. If the deceased earned income for their family, the family has the right to claim compensation that reflects the financial support they are no longer able to provide in the future. Additionally, the family can claim compensation for the loss of future benefits such as health insurance.
• Funeral and burial expenses. Whoever pays for these services following a wrongful death can receive reimbursement as an element of the wrongful death case award.
• Lost value of household services and childcare. The family of the victim will likely need to rearrange their daily lives and schedules due to the loss of the victim, and this is likely to entail significant expense.

Plaintiff Can Still Seek Compensation in Wrongful Death Claim

In addition to these economic damages, state law allows a wrongful death plaintiff to seek compensation for the pain and suffering the victim experienced prior to their death and for the pain and suffering experienced by the surviving family. A surviving spouse can claim compensation for their loss of affection and consortium, and surviving children can receive compensation for the loss of parental guidance and companionship.

While you may see reports stating average wrongful death settlement amounts in the state, it is important to refrain from using these as benchmarks for your own case. Every wrongful death suit is unique, and many variables can influence the final outcome of any wrongful death case. You need to consult an experienced attorney if you want to ensure the greatest chance of maximizing the compensation you win from your case.

FAQs

Who Can File a Wrongful Death Suit?

In South Carolina, only the executor, administrator, or personal representative of the deceased’s estate has the right to file a wrongful death suit on behalf of the surviving family of the deceased. If the victim did not have an estate plan in place at the time of their death, the court could appoint an individual to act as the plaintiff in the wrongful death case. The plaintiff seeks compensation on behalf of the deceased’s beneficiaries.

How Are Pain and Suffering Calculated in a Wrongful Death Suit?

In a South Carolina wrongful death suit, pain and suffering can be calculated in various ways. There is no specific formula that the plaintiff must use to determine appropriate pain and suffering compensation to seek from the defendant. This is a very subjective issue, so it is important for the plaintiff to consult their wrongful death attorney to determine a reasonable figure to include in their claim.

Will I Win More Compensation if I Hire a Wrongful Death Attorney?

You are likely to win more compensation if you hire a wrongful death attorney. The right attorney can help you navigate your case more efficiently, increase your chance of success with the case, and ultimately assist you in maximizing your recovery. They may be able to help you uncover forms of compensation you did not realize you could claim, and even after accounting for legal fees, they can yield a much greater final settlement or trial verdict award.

Are There Any Limits on Damages in Wrongful Death Cases?

In the state, there are no limits on damages in most wrongful death cases. Plaintiffs have the right to seek full compensation for all of the economic damages the defendant inflicted on the victim and their family, and they also have the right to claim compensation for pain and suffering. If punitive damages come into play, these are limited by state law in certain cases but are meant to penalize the defendant, not to compensate a specific loss.

What Will It Cost Me to Hire a Wrongful Death Lawyer?

The cost of hiring a wrongful death lawyer in the state is likely to be a percentage of your case award. The majority of attorneys who accept these cases do so on a contingency fee basis, meaning they take a percentage of the total compensation they secure for their client, but only if and when they win their case. If the attorney does not secure compensation for the client, the client does not pay any fee.

The Law Office of Charles T. Brooks III offers compassionate and responsive legal representation for wrongful death cases. If you have questions about the average wrongful death settlement in South Carolina, it is important to remember that every case is unique, and you will have the greatest chance of maximizing your recovery with the right attorney handling your case. Contact us today to schedule a consultation and learn how we can help.