How Insurance Companies Evaluate Wrongful Death Claims in South Carolina

COLUMBIA, SC — Wrongful death claims in South Carolina often emerge after tragic accidents or acts of negligence — and when grieving families seek justice, insurance companies play a critical role in how compensation is determined.

From establishing liability to calculating damages and negotiating settlements, insurers follow a specific process under South Carolina’s wrongful death statutes. Understanding that process is essential for surviving families, especially when delays or lowball offers add stress to already heartbreaking circumstances.

Who can file a wrongful death claim in South Carolina?

In South Carolina, a wrongful death lawsuit must be filed by the executor or administrator of the deceased person’s estate. This is typically the person named in a will or appointed by the court.

While the executor files the case, any settlement or judgment is paid to eligible survivors, including:

• The deceased person’s spouse and children

• If unmarried and without children, the parents

• If no spouse, children, or parents, then legal heirs

What insurance companies look for in a claim

When evaluating a wrongful death claim, insurers assess several key factors before making an offer or denying liability:

1. Liability and negligence: Was the insured person or entity legally responsible for the death?

2. Causation: Can it be proven that their actions directly led to the death?

3. Damages: What is the financial value of the loss, including both economic and emotional impact?

Insurance companies may conduct their own investigations, review medical records, accident reports, and statements from witnesses to challenge or validate claims — all outlined in this wrongful death evaluation guide.

Types of damages considered

South Carolina law allows for both economic and non-economic damages in wrongful death cases:

• Economic: Lost wages, funeral expenses, loss of financial support

• Non-economic: Pain and suffering, loss of companionship, emotional distress

In some cases, punitive damages may be awarded if the defendant’s actions were reckless or intentional — but these are rare and often disputed by insurers.

Insurers often try to minimize payouts

Insurance companies have a duty to defend their policyholders and minimize financial liability. This can result in low settlement offers, lengthy delays, or even denials based on alleged lack of evidence or alternative explanations for the death.

Families are often advised to consult experienced wrongful death attorneys who understand how to present strong, well-documented cases that compel insurance companies to pay fair compensation.

South Carolina’s statute of limitations allows three years from the date of death to file a wrongful death claim. After that, families may lose their right to pursue damages altogether.

Do you believe South Carolina’s insurance laws fairly protect grieving families? Share your thoughts in the comments — and follow more legal insight at SaludaStandard-Sentinel.com.