Wrongful Death Settlements in South Carolina
If you have been involved in a wrongful death in South Carolina, understanding how the state's personal injury laws affect your claim is essential. South Carolina follows the modified comparative fault (50% bar) system, and you have 3 years from the date of your injury to file a lawsuit.
Wrongful Death Settlement Range in South Carolina
Nationally, wrongful death settlements range from $100,000 to $5,000,000. In South Carolina, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.
Low
$100,000
Estimated
$500,000
High
$5.0M
How South Carolina Law Affects Your Wrongful Death Claim
South Carolina uses a modified comparative fault system with a 51% bar and does not cap non-economic damages in personal injury cases. The state historically applied contributory negligence, but adopted comparative fault in 1991. South Carolina's growing population, particularly in the Charlotte and Charleston metro areas, has increased the volume of personal injury litigation.
Under South Carolina's modified comparative fault (50% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 50% or more.
Factors Affecting Wrongful Death Claims in South Carolina
- ✓Decedent's age, income, and earning potential
- ✓Number and financial dependency of surviving beneficiaries
- ✓Circumstances and degree of negligence
- ✓Decedent's pain and suffering prior to death
- ✓Loss of consortium and companionship
- ✓Funeral and burial expenses
- ✓State wrongful death statute limitations
Common Wrongful Death Injuries
Relevant South Carolina Statutes
- •S.C. Code Ann. § 15-3-530 (statute of limitations)
- •S.C. Code Ann. § 15-38-15 (modified comparative fault, 51% bar)
- •S.C. Code Ann. § 47-3-110 (dog bite strict liability)
Wrongful Death Claims in South Carolina Cities
If your wrongful death occurred in Columbia, Charleston, North Charleston, Mount Pleasant, Rock Hill, or anywhere else in South Carolina, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.