Columbia Wrongful Death Lawyers

Fighting for Justice for Your Loved One

Losing a loved one is an earth-shattering experience, especially when their death was entirely preventable. While no amount of money can replace a family member, the legal system provides a pathway to hold negligent parties accountable and secure the financial future of those left behind.

If you are grieving the loss of a spouse, parent, or child, the team at Smith Born Leventis Taylor & Vega, LLC is here to help. Our Columbia wrongful death attorneys provide compassionate, aggressive representation to families throughout South Carolina. We understand that during this time, "legal action" is likely the last thing on your mind, but protecting your family's rights is a critical step in the healing process.

To schedule a free consultation and learn how we can help your family during this difficult time, contact our firm at (803) 599-2207 today.

What is Considered Wrongful Death?

In South Carolina, a "wrongful death" occurs when a person’s life is taken due to the "wrongful act, neglect, or default" of another party. Essentially, if the deceased individual had been entitled to file a personal injury lawsuit had they survived, their death is legally classified as wrongful.

Common scenarios that lead to wrongful death claims in Columbia include:

• Car accidents. If a driver is negligent or reckless and causes a fatal accident, the victim’s family may file a wrongful death claim.
• Workplace accidents. If a worker dies as a result of an employer’s negligence, such as if the employer failed to provide adequate safety equipment or training, then the worker’s family may file a wrongful death claim.
• Nursing home abuse. If an elderly person dies as a result of abuse or neglect in a nursing home or other care facility, the victim’s family may file a wrongful death claim.
• Construction accidents. If a worker dies as a result of a construction accident caused by negligence or inadequate safety measures, the worker’s family may file a wrongful death claim.
• Motorcycle accidents. If a motorcyclist is killed in an accident caused by another driver’s negligence, the victim’s family may file a wrongful death claim.
• Truck accidents. If a person is killed in an accident involving a commercial truck, such as a semi-truck or delivery truck, due to the truck driver’s negligence or a defect in the truck, the victim’s family may file a wrongful death claim.
• Pedestrian accidents. If a pedestrian is hit and killed by a vehicle due to the driver’s negligence or recklessness, the victim’s family may file a wrongful death claim.
• Slip-and-fall accidents. If a person dies as a result of injuries sustained in a slip-and-fall accident caused by a property owner’s negligence, such as failure to maintain safe premises, provide adequate warnings, or fix hazardous conditions, the victim’s family may file a wrongful death claim.
• Medical malpractice. A family may file a wrongful death claim if their loved one dies as a result of medical malpractice, such as a surgical error, misdiagnosis, or medication error.
• Product liability. If a defective product causes a fatal injury, the victim’s family may file a wrongful death claim against the manufacturer or seller of the product.
• Criminal acts. If a person is killed as a result of a criminal act, such as assault, robbery, or homicide, the victim’s family may file a wrongful death claim.
• Aviation accidents. If a person dies in a plane or helicopter crash due to negligence or a defective aircraft, the victim’s family may file a wrongful death claim against the manufacturer, operator, or other parties responsible for the accident.
• Boating accidents. If a person dies in a boating accident caused by another party’s negligence, such as a drunk boater or a boat operator who fails to follow safety regulations, the victim’s family may file a wrongful death claim.

Who Can File a Wrongful Death Lawsuit in South Carolina?

South Carolina law is very specific about who has the authority to bring a case to court. Unlike some states where any family member can sue individually, S.C. Code § 15-51-20 mandates that a wrongful death action must be filed by the executor or administrator (the "Personal Representative") of the deceased person’s estate.

While the Personal Representative files the suit, they do so on behalf of the following beneficiaries in order of priority:

• The surviving spouse and children.
• The parents of the deceased (if there is no spouse or child).
• The legal heirs of the deceased (if there are no parents, spouse, or children).

If your loved one did not name a Personal Representative in a will, the Columbia probate court will appoint one—typically a surviving spouse or adult child—to manage the legal proceedings. Our firm can assist you in navigating the probate process to ensure the right person is designated to seek justice.

What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in SC?

To win a wrongful death case, your Columbia wrongful death lawyer must establish four primary elements of negligence. Because these cases are civil matters, the "preponderance of the evidence" standard applies. We must show it is "more likely than not" that the following are true:

1. Duty of Care: The defendant owed the deceased a legal duty to act with reasonable care (e.g., a doctor must provide the standard of care expected in their field).
2. Breach of Duty: The defendant failed to meet that duty through action or inaction (e.g., a trucking company failing to inspect faulty brakes).
3. Causation: This specific breach of duty was the direct and proximate cause of your loved one’s death.
4. Damages: The death resulted in quantifiable losses—both financial and emotional—for the surviving beneficiaries.

At Smith Born Leventis Taylor & Vega, LLC, we utilize accident reconstruction experts, medical professionals, and private investigators to build a compelling case that clearly identifies the at-fault party and the impact of their negligence.

Compensation for Wrongful Death

South Carolina law allows families to seek two distinct types of recovery: Wrongful Death damages (for the beneficiaries) and Survival Action damages (for the estate).

Economic Damages

These are the tangible financial losses resulting from the death:

• Medical bills incurred before the person passed away.
• Funeral and burial expenses.
• Loss of the deceased's expected future earnings, benefits, and inheritance.

Non-Economic Damages

These address the intangible, emotional toll of the loss, which often represents the most significant part of a claim:

• Mental anguish and emotional suffering.
• Loss of companionship, guidance, and protection.
• Loss of consortium (specifically for surviving spouses).

Punitive Damages

In cases where the defendant’s conduct was particularly egregious—such as a hit-and-run, extreme recklessness, or intentional harm—the court may award punitive damages. These are not meant to "reimburse" the family, but rather to punish the wrongdoer and deter others in the Columbia community from similar behavior.

Wrongful Death FAQs

How long do I have to file a claim in South Carolina?

In most cases, the statute of limitations for wrongful death in South Carolina is three years from the date of death. However, if the claim is against a government entity (like a city bus or a state agency), the deadline is typically shortened to two years. It is vital to consult a lawyer early to ensure evidence is preserved.

Can I sue if my loved one was partially at fault?

Yes. South Carolina follows a "comparative negligence" rule. You can still recover damages as long as your loved one was 50% or less at fault for the incident. However, the total compensation award will be reduced by their assigned percentage of fault.

What is the difference between a Wrongful Death claim and a Survival Action?

A wrongful death claim compensates the surviving family for their losses. A survival action allows the estate to recover damages the deceased suffered between the time of injury and the time of death, such as physical pain, conscious suffering, and medical costs.

How much is my case worth?

Every case is unique. Factors such as the age of the deceased, their earning capacity, the number of dependents, and the available insurance coverage all play a role. During your consultation, we can provide a more tailored assessment of your potential recovery based on Columbia-area precedents.

Get a Free Consultation With Our Columbia Wrongful Death Attorneys

We know that pursuing a wrongful death claim can be overwhelming, especially while grieving. Our team at Smith, Born, Leventis, Taylor & Vega is here to provide compassionate and effective legal representation for your wrongful death claim.

Our attorneys will handle every aspect of your case, so you can focus on healing and being with your family. We have secured millions of dollars over the years, helping families who have experienced various types of accidents caused by negligence or wrongful actions.

Contact us today to schedule your first free consultation and learn more about how we can help you seek the justice and compensation your family deserves after your tragic loss.