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South Carolina law

Wrongful Death Laws in South Carolina.

South Carolina's wrongful-death statute (S.C. Code § 15-51-10 et seq.) permits recovery by the personal representative for the benefit of the decedent's spouse, children, parents, and statutory beneficiaries. Damages include loss of society and companionship, pecuniary losses, mental anguish, and pre-death pain and suffering. The 3-year statute of limitations runs from the date of death. South Carolina's modified comparative fault applies.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years from date of deathS.C. Code § 15-3-530

Wrongful death actions must be filed within 3 years of the date of death.

State law

Key South Carolina Statutes

Wrongful Death ActS.C. Code § 15-51-10 et seq.

Action brought by the personal representative for the benefit of the surviving spouse, children, parents, and statutory beneficiaries. Damages include pecuniary losses, loss of society and companionship, and mental anguish.

Survival ActionS.C. Code § 15-5-90

Causes of action survive the death of the plaintiff. Permits recovery of pre-death pain and suffering and economic losses.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Carolina.

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