South Carolina
Wrongful Death Laws in South Carolina (2026): Deadlines
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 5 primary sources cited on this page. How we verify our legal content
When someone in South Carolina dies because of another party's negligence or wrongful act, state law lets the estate bring a wrongful death claim on behalf of the family. South Carolina is notable for the breadth of its recoverable losses, which include grief, mental shock, and wounded feelings, and for keeping a separate survival action for what the deceased person suffered before death. This guide explains the deadline, who may file, the damages available, and how fault and distribution work. It is general legal information and attorney advertising, not legal advice, and it is written with respect for families navigating a painful time.
The deadline to file in South Carolina
South Carolina's general limitations statute, S.C. Code 15-3-530, sets a three-year period for most tort claims, and it specifies that for an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period begins to run upon the death of the person on account of whose death the action is brought. The trigger is therefore the date of death.
This is the same three-year window South Carolina uses for ordinary personal injury claims, but the wrongful death clock runs from death rather than from the date of an earlier injury. Claims against a governmental entity under the South Carolina Tort Claims Act can carry their own filing rules and a shorter period, so those situations require careful attention. Because these rules can shorten the time available, the safest course is to confirm the exact deadline early.
Who can file
In South Carolina, the wrongful death claim is brought by or in the name of the executor or administrator of the deceased person's estate, under S.C. Code 15-51-20. Family members do not file the claim in their own names. If no one has yet been appointed, the probate court can appoint a personal representative so the claim can proceed within the deadline.
Although the personal representative files the action, the claim is for the benefit of a defined group. The statutory hierarchy is the surviving spouse and children first; if there is no spouse or child, then the parents; and if there is none of those, then the heirs of the deceased person. The representative pursues the claim on behalf of whichever class applies.
Wrongful death versus survival in South Carolina
South Carolina keeps two separate claims. The wrongful death action under Chapter 51 compensates the statutory beneficiaries for the losses the death caused them. The survival action under S.C. Code 15-5-90 is different: it continues the claim the deceased person could have brought if they had lived, so the estate can recover for the conscious pain and suffering, medical expenses, and other losses the deceased person experienced between the injury and death.
In practice the two claims are often brought together. The wrongful death claim looks forward at the family's loss; the survival claim looks back at what the deceased person personally endured. Keeping them distinct matters because the recoveries are measured differently and, in the survival action, may pass through the estate to creditors and heirs rather than directly to the wrongful death beneficiaries.
Damages that can be recovered
South Carolina allows an unusually full set of wrongful death damages. Under S.C. Code 15-51-40, the jury may award damages proportioned to the injury resulting from the death. South Carolina courts have long recognized that these include both pecuniary losses, such as lost financial support, lost services, and funeral expenses, and significant non-economic losses, including the beneficiaries' mental shock and suffering, wounded feelings, grief and sorrow, and the loss of the decedent's companionship.
The statute also expressly permits exemplary damages, the South Carolina term for punitive damages, when the wrongful act, neglect, or default was the result of recklessness, willfulness, or malice. Separately, through the survival action under S.C. Code 15-5-90, the estate may recover the decedent's own conscious pain and suffering before death. Together these give South Carolina families a broad path to compensation.
Damage caps
South Carolina does not impose a general cap on compensatory damages in an ordinary wrongful death case. The recovery is measured by the losses actually proven. The principal exception is medical malpractice: South Carolina caps non-economic damages against health care providers and institutions, with the limits adjusted over time, and those caps can apply when a wrongful death arises from medical negligence. South Carolina also has a general statutory cap on punitive damages, with exceptions for certain especially serious conduct. Outside those contexts, no across-the-board ceiling applies to wrongful death compensatory damages.
Punitive damages
Punitive damages, called exemplary damages in the statute, are available in a South Carolina wrongful death action under S.C. Code 15-51-40 when the wrongful act, neglect, or default was the result of recklessness, willfulness, or malice. South Carolina law generally requires clear and convincing evidence to support a punitive award and subjects punitive damages to a statutory cap with exceptions. Whether punitive damages are realistic depends on the conduct involved, and an attorney can assess it on the facts.
How the deceased person's fault affects the claim
South Carolina follows modified comparative negligence. The deceased person's share of fault reduces the recovery in proportion to that share, and recovery is barred only if the deceased person's fault is greater than the combined fault of the defendants. In practical terms, this is the 51 percent bar: the claim can proceed when the deceased person is 50 percent or less at fault, with damages reduced accordingly, and is barred at 51 percent or more.
How proceeds are distributed
Under S.C. Code 15-51-40, the amount recovered is divided among the statutory beneficiaries in the shares they would have received if the deceased person had died intestate. The statute allows a court to reduce or deny a parent's share where that parent failed to provide reasonable support during the child's minority. Because a wrongful death recovery is paid to or through the personal representative, S.C. Code 15-51-42 requires court approval of any settlement before it is distributed. Coordinating the lawsuit with the estate matters.
How to evaluate and consult
Losing a family member to someone else's wrongful act is devastating, and South Carolina's deadlines do not pause for grief. Preserve the death certificate and the medical, accident, and employment records, then get a free consultation from a South Carolina wrongful death lawyer on appointing a personal representative and filing within the three years (attorney advertising). Many wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome can be promised, and this information is not legal advice and does not create an attorney-client relationship.
Frequently Asked Questions
What is the deadline to file a wrongful death claim in South Carolina?
Three years from the date of death under S.C. Code 15-3-530, which states that for an action under 15-51-10 to 15-51-60 the period begins to run upon the death of the person on account of whose death the action is brought. Claims against governmental entities under the Tort Claims Act can carry their own shorter filing rules, so confirm the dates with a South Carolina attorney quickly.
Who can file a wrongful death lawsuit in South Carolina?
The executor or administrator (personal representative) of the deceased person's estate brings the claim under S.C. Code 15-51-20, not family members in their own names. The claim is for the benefit of the surviving spouse and children first; if there are none, the parents; and if there are none, the heirs of the deceased person.
What damages can be recovered in a South Carolina wrongful death case?
Pecuniary losses such as lost support, lost services, and funeral expenses, plus non-economic losses including the survivors' mental shock and suffering, wounded feelings, grief, and loss of companionship, under S.C. Code 15-51-40. Exemplary (punitive) damages are available for reckless, willful, or malicious conduct, and a separate survival action under 15-5-90 lets the estate recover the decedent's pre-death pain and suffering.
Is there a cap on wrongful death damages in South Carolina?
There is no general cap on compensatory damages in an ordinary wrongful death case. The main exceptions are medical malpractice, where South Carolina caps non-economic damages against health care providers, and punitive damages, which are subject to a statutory cap with exceptions for especially serious conduct.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 15: CIVIL REMEDIES AND PROCEDURES
§ 15-51-10Civil action for wrongful act causing deathIn force
Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at scstatehouse.gov
§ 15-51-20Beneficiaries of action for wrongful death; by whom broughtIn force
Every such action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused. Every such action shall be brought by or in the name of the executor or administrator of such person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Thomas v. Grayson (Supreme Court of South Carolina 1995, 318 S.C. 82)“…rought by or in the name of the executor or administrator. S.C. Code Ann. § 15-51-20 (Supp. 1993). A foreign personal repre…”
- O'TUEL v. Villani (Court of Appeals of South Carolina 1995, 318 S.C. 24)“…is brought by the administrator of the decedent’s estate, S.C. Code Ann. § 15-51-20 (Supp. 1993); the minority or other di…”
- Ballard v. Ballard (Supreme Court of South Carolina 1994, 314 S.C. 40)“…tion of their injury? DISCUSSION Under S.C. Code Ann. § 15-51-20 (Supp. 1993), a personal representativ…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 15-51-40Damages; amount and to whom payableIn forcecited in 2 of our articles
In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, wilfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Murphy v. Collins (In re Fields) (Court of Appeals of South Carolina 2018, 424 S.C. 627)“…HILL, J.: **629 This appeal concerns the scope of S.C. Code § 15-51-40 (Supp. 2017) as it relates to an unwed…”
- Barnwell v. Barber-Colman Co. (Supreme Court of South Carolina 1989, 301 S.C. 534)“…See Act No. 579, 1902 S.C. Acts 1071 [now codified as S.C. Code Ann. § 15-51-40 (1976)]. Bowers v. Charleston…”
- Ballard v. Ballard (Supreme Court of South Carolina 1994, 314 S.C. 40)“…252 S.C. 127 , 165 S.E. (2d) 640 (1969). S.C. Code Ann. § 15-51-40 (1976), which governs the distribution…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Punitive Damages Laws: Cap Tiers and Proof (2026)
§ 15-5-90Survival of right of actionIn force
Causes of action for and in respect to any and all injuries and trespasses to and upon real estate and any and all injuries to the person or to personal property shall survive both to and against the personal or real representative, as the case may be, of a deceased person and the legal representative of an insolvent person or a defunct or insolvent corporation, any law or rule to the contrary notwithstanding.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Phillip Francis Luke Hughes v. Bank of America (Supreme Court of South Carolina 2024)“…ruling the claims did not fall within the survival statute (S.C. Code Ann. § 15-5-90 (2005)) and therefore did not survive J…”
- Banks Ex Rel. Estate of Banks v. Medical University (Supreme Court of South Carolina 1994, 314 S.C. 376)“…esentative capacity for Phaedra under the survival statute. S.C. Code § 15-5-90 (1977).…”
- Estate of Covington v. AT&T Nassau Metals Corp. (Supreme Court of South Carolina 1991, 304 S.C. 436)“…g that the claim did not abate under the survival statute, S.C. Code Ann. § 15-5-90 (1976). Circuit Court reversed the Ful…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 15-3-530Three yearsIn forcecited in 10 of our articles
Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520; (2) an action upon a liability created by statute other than a penalty or forfeiture; (3) an action for trespass upon or damage to real property; (4) an action for taking, detaining, or injuring any goods or chattels including an action for the specific recovery of personal property; (5) an action for assault, battery, or any injury to the person or rights of another, not arising on contract and not enumerated by law, and those provided for in Section 15-3-545; (6) an action under Sections 15-51-10 to 15-51-60 for death by wrongful act, the period to begin to run upon the death of the person on account of whose death the action is brought; (7) any action for relief on the ground of fraud in cases which prior to the adoption of the Code of Civil Procedure in 1870 were solely cognizable by the court of chancery, the cause of action in the case not considered to have accrued until the discovery by the aggrieved party of the facts constituting the fraud; (8) an action on any policy of insurance, either fire or life, whereby any…
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 202 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Santee Portland Cement Co. v. Daniel International Corp. (Supreme Court of South Carolina 1989, 299 S.C. 269)“…f contract was barred by the statute of limitations. See S.C. Code Ann. § 15-3-530 (1) (1976) (six year period in which to…”
- Thomerson v. DeVito (Supreme Court of South Carolina 2020)“…Does the three-year statute of limitations of S.C. Code Ann. § 15-3-530 apply to claims for promissory estoppel…”
- Dean v. Ruscon Corp. (Supreme Court of South Carolina 1996, 321 S.C. 360)“…rior to April 5,1988, . must be commenced within six years. S.C. Code Ann. § 15-3-530(3) (1976). The discovery rule is applic…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Dog Bite Laws: Liability and Victim Rights, South Carolina Assault and Battery Laws: Degrees and Penalties (2026), South Carolina Car Accident Laws: Fault, Insurance, and Your Claim
§ 15-51-42Approval of settlements of wrongful death or survival actionsIn force
(A) Only a duly appointed personal representative, as defined in Section 62-1-201(30), shall have the authority to settle wrongful death or survival actions. (B) If no action is pending, the personal representative shall petition either the probate or the circuit court of this State seeking approval of a proposed settlement. The petition must be verified by the personal representative and shall set forth, in terms satisfactory to the court in which the petition is filed, the basic facts surrounding the death of the decedent, the pertinent facts surrounding the liability of the alleged wrongdoer, the amount of insurance available to pay for damages, the terms of the proposed settlement, the statutory beneficiaries of the wrongful death or survival action, the heirs at law or appropriate devisees of the estate, the appropriate creditors, the amount of their claims, and, if the personal representative has retained legal counsel, the terms and provisions of the agreement with respect to attorney's fees and costs. It is not necessary that a personal representative be represented by legal counsel for the court to consider the petition and approve the settlement.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- SC Public Interest Foundation v. Alan Wilson (2) (Supreme Court of South Carolina 2025)“…in a survival action, the estate of the decedent . . . ." S.C. Code Ann. § 15-51-42(C). This provision gives the court auth…”
- Glenn v. 3M Company (Court of Appeals of South Carolina 2023)“…l claims against some of Fisher's co-defendants pursuant to S.C. Code Ann. § 15-51-42.27 The circuit court also stated,…”
- Mack v. Washington (Court of Appeals of South Carolina 2021)“…pute as to who was driving at the time of the accident. See S.C. Code Ann. § 15-51-42(B) (2005) (providing the procedure to s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 15-51-60Effect of action prior to deathIn force
The provisions of this article shall not apply to any case in which the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2004
Opinions citing this section in our collection:
- Foster v. Greenville Memorial Hospital System (Court of Appeals of South Carolina 2004)“…ial and final judgment before his or her death. S.C. Code Ann. § 15-51-60 (1977). When interpreting th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- S.C. Code 15-51-20, beneficiaries of action for wrongful death and by whom brought(scstatehouse.gov).gov
- S.C. Code 15-51-40, damages, exemplary damages, and distribution among beneficiaries(scstatehouse.gov).gov
- S.C. Code 15-51-42, court approval of wrongful death settlements(scstatehouse.gov).gov
- S.C. Code 15-3-530, three-year limitation, wrongful death period runs from death(scstatehouse.gov).gov
- S.C. Code 15-5-90, survival of causes of action (decedent's pre-death claim)(scstatehouse.gov).gov
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