Columbia Wrongful Death Lawyer

A wrongful death claim is a civil lawsuit brought on behalf of a person who died as a result of someone else's negligence, recklessness, or intentional conduct. The purpose of the claim is to compensate the surviving family members for the losses they have suffered as a result of losing their loved one. It is separate from any criminal proceedings and is brought by the family, not the government.

A criminal case is brought by the state of South Carolina to punish the person responsible. A wrongful death lawsuit is brought by your family to seek compensation for your losses. These are two entirely separate legal proceedings, and one does not depend on the other. Your family can pursue a wrongful death claim regardless of whether criminal charges were filed, and regardless of how a criminal case resolves. A not guilty verdict in a criminal case does not prevent your family from recovering in a civil wrongful death claim.

Under South Carolina law, a wrongful death claim must be filed by the personal representative of the deceased person's estate. This is typically the executor named in the will, or a person appointed by the probate court if there is no will. The personal representative files the claim on behalf of the surviving beneficiaries, which generally includes the spouse, children, and parents of the person who died. An attorney can help your family navigate the probate process if a personal representative has not yet been appointed.

Yes. In South Carolina, you generally have three years from the date of your loved one's death to file a wrongful death claim. There are some situations that can shorten or extend that window, so it's worth confirming your specific timeline with an attorney as soon as you're able. [Read more about wrongful death deadlines and exceptions →]

Not necessarily. The majority of wrongful death cases in South Carolina resolve through settlement before a trial ever takes place. However, if the responsible party's insurance company does not offer fair compensation, filing a lawsuit and ultimately going to trial may be necessary to recover what your family deserves. At the Law Offices of Kenneth Berger, we prepare every case as if it will go to trial, because that preparation is what produces fair results at every stage before the courtroom is ever involved.

No two wrongful death cases follow the same timeline. How long your case takes depends on the facts of what happened, how many parties share responsibility, and whether a fair settlement can be reached without going to court. Cases that settle before a lawsuit is filed can sometimes resolve within one to two years. Cases that require litigation commonly take two to four years or longer. We understand that time feels different when you are grieving, and we will always be honest with you about where your case stands and what to expect at each stage.

South Carolina law allows surviving family members to recover several categories of compensation in a wrongful death case. These include the financial support your loved one would have provided over their lifetime, the value of the services they provided to the family, funeral and burial expenses, medical expenses related to the final injury or illness, and the profound non-economic losses that cannot be reduced to a number on a bill, including grief, loss of companionship, and loss of the love and guidance your family will never stop missing. Every family's losses are different, and the value of a wrongful death case reflects that.

Yes. Funeral and burial expenses are recoverable in a South Carolina wrongful death case. These costs are considered part of your family's economic losses and are included in the overall damages calculation. Keep all receipts and documentation related to funeral arrangements, burial costs, and any related expenses. Your attorney will include these as part of the formal damages calculation in your case.

The value of a person's life is not measured by their employment income. South Carolina law recognizes that a person who was not working at the time of their death may still have provided enormous value to their family through caregiving, homemaking, child-rearing, and other contributions that have real economic worth. Non-economic damages for grief, loss of companionship, and loss of guidance are available regardless of employment status. The value of your loved one's life is not measured by a pay stub.

Limited insurance coverage is a real and painful obstacle in some wrongful death cases, but it is not always the end of the road. Depending on the circumstances, there may be additional sources of recovery, including other liable parties who contributed to the death, your own underinsured motorist coverage if the death involved a vehicle, or claims against businesses, employers, or property owners. An attorney can evaluate all potential sources of recovery and make sure nothing is overlooked. We will always be honest with you about what is realistically available in your specific situation.

In most cases, no. Under federal tax law, compensation received in a wrongful death settlement is generally not considered taxable income. There are exceptions. Tax law is complex and individual circumstances vary. We strongly recommend consulting with a tax professional about the specific terms of any settlement your family receives. Your attorney can help coordinate that conversation.

To some extent, yes, and we want to be honest with you about that. Building a wrongful death case requires gathering detailed information about what happened, how it happened, and the impact it has had on your family. There will be conversations, documentation, and in some cases depositions or court appearances that require revisiting painful events. What we can promise is that we handle that process with care and with deep respect for what your family has been through. You will never be asked to do something without understanding why it matters to your case, and we will be with you every step of the way.

Grief does not follow a schedule, and we understand that. You do not have to have everything figured out before you speak with an attorney. An initial consultation is simply a conversation. It costs you nothing and commits you to nothing. What it does is make sure you understand your options and your timeline before any deadlines pass. Speaking with an attorney early does not mean you have to move faster than you are ready to move. It means your options stay open.

Yes. Criminal cases and civil wrongful death claims are two different things entirely. In a criminal case, guilt must be proven beyond a reasonable doubt. In a civil case, your family only needs to show that the other party was more likely responsible than not. That distinction matters. Many families have recovered compensation in wrongful death cases where no criminal charges were filed.

This is more common than people realize, and it is a conversation worth having with an attorney. In South Carolina, the wrongful death claim is filed by the personal representative of the estate on behalf of all beneficiaries. Disagreements among family members about whether to pursue a claim, or how to handle a settlement, can be complicated and emotionally difficult. An attorney can help your family understand the process, the options, and the potential outcomes so that everyone is making an informed decision. Ultimately, the goal is to serve the interests of all the people your loved one left behind.

Wrongful death attorneys in South Carolina typically work on a contingency fee basis, meaning you pay no upfront costs and owe no attorney fees unless your case results in a recovery. The attorney's fee is a percentage of the final settlement or verdict, and case expenses advanced by the firm are reimbursed from that recovery. Your retainer agreement will specify the exact percentage and how expenses are handled. You should never feel financial pressure to accept a low settlement because you cannot afford to continue the case.

Look for an attorney with specific experience handling wrongful death cases in South Carolina, not just general personal injury work. Wrongful death cases involve unique legal issues, including estate and probate considerations, family dynamics, and the challenge of placing a value on a human life. You should also look for an attorney who communicates clearly, treats your family with genuine respect, and is willing to take cases to trial when necessary. An attorney who prepares every case as if a jury will decide it is a fundamentally different advocate than one who settles everything regardless of value.

Bring whatever you have and do not worry about what you do not have. Helpful documents include any police reports or incident reports related to the death, medical records or hospital records if available, insurance information for all parties involved, any correspondence you have received from insurance companies, and documentation of expenses your family has already incurred. If you have photos, witness information, or any other materials related to the incident, bring those as well. Your attorney will tell you what else may be needed as the case develops. The most important thing you bring to the first meeting is yourself.