A Death Somebody Caused
S.C. Code 15-51-10 and S.C. Code 15-3-530 — an action by the executor, within three years of the death
The claim survives the death. Where a death is caused by the wrongful act, neglect or default of another, and the person injured could have sued had they lived, the person who would have been liable is liable to an action for damages, even where the killing is a felony. If the wrongdoer dies, the claim survives against the wrongdoer's personal representative.
The action is brought by or in the name of the executor or administrator, for the benefit of the spouse and children; if there are none, the parents; and if there are none, the heirs.
Three years. An action for death by wrongful act is brought within three years, the period beginning to run on the death.
How damages are measured and how a recovery is divided are set out in the chapter. A survival claim for the person's own injuries before death is a separate claim. A particular case is a question for a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 15-51-10 — Civil action for wrongful act causing death
- S.C. Code 15-51-20 — Beneficiaries of action for wrongful death; by whom brought
- S.C. Code 15-3-530 — Three years
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.