How Long Do I Have To File a Wrongful Death Claim in SC?

Like with all injury lawsuits, you have a limited amount of time to file a wrongful death claim in SC. As the surviving family, you need to know these deadlines. Never wait to contact a lawyer to start your case.

Bobby Jones Law explains timelines to file a wrongful death claim in South Carolina.

How Long Do I Have To File a Wrongful Death Lawsuit in South Carolina?

In most cases, you have three years to file a wrongful death lawsuit in South Carolina. This time limit is the maximum amount of time that a person has to start a wrongful death claim under South Carolina law.

At a glance

The South Carolina wrongful death law is found in S.C. Code § 15-3-530(6).
Usually, the time limit is three years.
The time limit applies to starting a case in court.

Don’t let the insurance company fool you—simply talking to them about the case is not enough to preserve your rights.

Understanding the Statute of Limitations for Wrongful Death Claims in SC

A wrongful death claim is a legal claim following someone’s death. When a person is injured, and someone else has legal fault, they may bring a personal injury claim for monetary compensation. When a person dies because of their injuries, the executor or personal representative may bring a wrongful death claim. The wrongful death claim seeks justice and financial compensation for the loss that has occurred.

What does it mean that there’s a time limit to file a wrongful death lawsuit?

A time limit to file a wrongful death lawsuit means that the plaintiff must file their initial paperwork by a fixed deadline. They must file a summons and complaint in the appropriate court to hear the case.

This time limit is called the statute of limitations.

What to know about the SC wrongful death statute of limitations

The SC wrongful death statute of limitations is a deadline to start a wrongful death case.
Talking to the insurance company is not enough to comply with the statute of limitations.
Meeting the deadline means formally filing the case in court.
A case does not have to be completed by the statute of limitations; it merely has to be started.

The statute of limitations is unforgiving. If you wait too long to file a wrongful death claim in SC, the court may refuse to hear the case. Even if you have a strong case, missing the deadline can be enough to have the entire case dismissed.

When Does the Clock Start for Filing a Wrongful Death Claim?

The clock starts ticking for a wrongful death claim when the person dies. That’s because the wrongful death claim doesn’t exist before the person’s death. It only arises when the injured person passes away. The wrongful death time limit to file begins running on the death of the injured person.

Steps To Take Immediately After a Wrongful Death

When a wrongful death occurs, take care of your immediate needs. A sudden wrongful death like a car accident can be extremely shocking and traumatizing. Reach out to family, friends, and your community for support.

Save any information that is related to what happened. Obtain a copy of the death certificate.

Make notes of anything you think may be important. Start a list of questions or things that you want to tell an attorney.

Contact an attorney as soon as possible. At Bobby Jones Law, you can call us, send us a message, or stop by our offices. Tell us that you have lost a loved one, and you think you may have a wrongful death case. We’ll connect you with a friendly and professional member of our team. We know that you are grieving, and we’ll take it from there. Let us answer your questions with no obligation.

Why talk to an attorney right away after a wrongful death?

Even though it may seem like three years is a long time, it’s important to talk to an attorney as soon as possible when a wrongful death occurs. There are several reasons why.

Time to prepare the claim

It can take some time to research and prepare a wrongful death claim. You must identify the defendant or multiple defendants. You must evaluate where to file the case and what grounds for compensation to state in the claim. These tasks can take some time, and it’s best not to rush.

States have different timelines

There may be questions about what statute of limitations applies. Each state sets its own statute of limitations by law. There are variations among states—if another state law applies, the timeline may be even shorter. A significant amount of litigation regarding the statute of limitations for wrongful death has to do with what state law applies. It’s important to talk to an attorney to evaluate which law applies in your case.

It’s shorter if the defendant is a unit of government

Even within South Carolina, there are some variations in the applicable statute of limitations.

When the case is against a government defendant, the time limit is shortened to two years.

There are important things to know about wrongful death claims against government entities.

Proving your case

Like any compensation claim, the plaintiff has the burden to prove their case. The sooner you contact an attorney, the sooner you have a professional to assist you in preserving evidence and building the claim. This effort early in the case can make the claim stronger, more efficient, and easier.

You need your compensation

The sooner you begin your wrongful death claim, the sooner you can receive your compensation. Starting your case as soon as possible puts you on the path to receiving justice for your loved one and the financial relief that may help your family.