South Carolina’s civil wrongful death laws exist to give grieving families a legal avenue to seek justice, accountability, and financial support. Both economic and non-economic damages can be sought by families in wrongful death cases. Here, our wrongful death lawyer in Charleston provides an overview of the different types of damages that families can recover in wrongful death cases in South Carolina.
Types of Damages Families Can Seek in a Wrongful Death Case in South Carolina
Economic Damages
Economic damages help families regain stability after an unexpected loss. These damages focus on the financial support the loved one provided or would have provided in the future. In South Carolina, families can recover medical expenses related to the final injury, funeral and burial costs, and the income the loved one would have earned. Courts also consider the value of household services, childcare, and day-to-day support that the person offered. These numbers can feel cold during a time of grief, yet they matter because they give families the resources needed to move forward. Economic damages are the foundation of any wrongful death lawsuit.
Non-Economic Damages
Of course, the damages associated with a wrongful death lawsuit are primarily non-economic. The reality is that no amount of money can ever truly be enough to make things right. It is virtually impossible to quantify the value of suffering that the family goes through after a fatal accident caused by negligence. Still, non-economic damages are very much real and they need to be accounted for in a wrongful death case.
South Carolina law allows families to recover for mental anguish, loss of companionship, loss of guidance, and loss of the relationship itself. These injuries do not come with receipts or invoices. They run deeper than anything financial. Family members often describe grief as waves that hit without warning, long after the case begins. The value of non-economic damages in a wrongful death claim can be far greater than the value of the directly quantifiable economic losses.
Punitive Damages
Punitive damages serve a different purpose. They are not automatic. South Carolina courts allow punitive damages only when the defendant’s conduct involved recklessness, willful actions, or conscious disregard for safety. Although not awarded in every wrongful death claim in South Carolina, punitive damages are potentially recoverable if the defendant was grossly negligent, such as if a drunk driver caused a deadly crash.
Note: Under South Carolina law (South Carolina Code Section 15-51-10), wrongful death lawsuits are fault-based claims. You need evidence to establish liability and hold a defendant (or defendants) legally liable for damages.
Call Our Charleston, SC Wrongful Death Lawyer Today
At Query Sautter & Uricchio, LLC, our Charleston wrongful death attorney is a compassionate advocate for grieving families. If you have any questions about the wrongful death claims process, please do not hesitate to contact us today for a free, confidential consultation. With an office in Charleston, we fight for justice for grieving families throughout the region in South Carolina.