Losing a loved one is never easy. When that loss happens suddenly due to someone else’s negligence or wrongdoing, the grief can be even harder to bear. In these cases, families may have the right to file a wrongful death claim. But who can actually be held legally responsible in South Carolina?
Understanding who may be liable is one of the most important steps in deciding whether to pursue a wrongful death case. Depending on the situation, liability could fall on individuals, companies, government entities, or even multiple parties at once.
What Is a Wrongful Death Claim?
Under South Carolina law, a wrongful death claim can be filed when someone dies as a result of the negligent, reckless, or intentional actions of another party. These claims are meant to compensate the surviving family for the loss of their loved one and to hold the at-fault party accountable.
Wrongful death claims can arise from many types of incidents, including:
- Car and truck accidents
- Medical malpractice
- Workplace accidents
- Nursing home abuse or neglect
- Defective products
- Criminal acts
Who Can Be Held Liable?
The answer depends on how the death occurred. Here are some of the most common types of parties that may be held liable in South Carolina wrongful death cases:
- Negligent Drivers or Vehicle Owners
In car, truck, motorcycle, or pedestrian accidents, the person who caused the crash may be liable. If the at-fault driver was speeding, distracted, drunk, or otherwise negligent, they could be held responsible. In some cases, the vehicle’s owner (such as an employer or rental company) may also be liable.
- Healthcare Providers
If a doctor, nurse, or hospital fails to follow standard medical practices and a patient dies as a result, this may be considered medical malpractice. In these cases, liability can fall on the individual provider, the medical practice, or the hospital involved.
- Employers or Property Owners
If someone dies on the job due to unsafe conditions or faulty equipment, the employer may be liable beyond just workers’ compensation benefits. Similarly, property owners may be responsible if unsafe premises or lack of proper safety measures lead to a fatal accident, such as a slip and fall or a drowning.
- Manufacturers of Defective Products
Sometimes a defective product—such as a faulty airbag, dangerous drug, or unsafe machinery—can cause someone’s death. In these cases, the product’s designer, manufacturer, or seller could be held liable under product liability laws.
- Nursing Homes or Care Facilities
Elderly or vulnerable individuals who die due to neglect, abuse, or medical mistakes in nursing homes may be the victims of wrongful death. Liability may extend to caregivers, administrators, and the facility itself for failing to provide a safe environment.
- Criminal Offenders
In some situations, a person may die due to a violent act or other criminal conduct. Even if the offender is facing criminal charges, the victim’s family may also have the right to bring a separate wrongful death lawsuit in civil court. This allows families to seek financial damages even if the person isn’t convicted criminally.
Can More Than One Party Be Liable?
Yes. In many cases, more than one person or company may share legal responsibility for a death. For example, in a truck accident, the truck driver, trucking company, and even the vehicle manufacturer might all be liable. Identifying all responsible parties is important to ensure a complete and fair recovery.
Who Can File a Wrongful Death Claim in South Carolina?
In South Carolina, wrongful death claims must be filed by the executor or administrator of the deceased person’s estate. If there is a will, the will should state exactly who gets what. However, if there’s no will, (which is called dying intestate) the compensation recovered in the lawsuit should be distributed to the surviving family members, such as:
- Spouse
- Children
- Parents (if there is no spouse or child)
- Heirs (if none of the above are living)
What Compensation Is Available?
A wrongful death claim can provide financial compensation for:
- Funeral and burial costs
- Medical bills related to the final injury or illness
- Loss of income and benefits
- Pain and suffering of surviving family members
- Loss of companionship and support
In some cases, punitive damages may be awarded to punish especially reckless or intentional conduct.
Final Thoughts
Wrongful death cases are complex, emotional, and time-sensitive. That’s why it’s important to talk to a South Carolina Wrongful Death Attorney immediately. While no amount of money can replace a loved one, holding the responsible party accountable can offer a sense of justice and provide financial stability for those left behind.
If your family has lost someone due to someone else’s actions, learning about your legal rights is an important step. Understanding who may be held liable in a wrongful death case is the first part of deciding whether to pursue a claim—and pursuing justice!