Over 80 Years of Combined Experience. Never Once on the Insurance Company’s Side.
When a family loses someone because of another party’s negligence, the legal process that follows can feel overwhelming. Lewis Law Firm, LLC represents families throughout York County, South Carolina, and surrounding communities in North and South Carolina who are pursuing wrongful death claims. Our attorneys bring over 80 years of combined personal injury experience to these cases, and we’ve never represented an insurance company. Every case we take is on behalf of the injured and their families.
That commitment matters in cases like these. In one tractor-trailer accident case, we recovered $3,825,000 for the family we represented. Past results don’t guarantee future outcomes, but they reflect how seriously we approach every wrongful death case we handle.
If you’ve lost a family member due to someone else’s negligence, don’t wait to understand your rights. Call our wrongful death lawyers at (803) 327-1103 or reach out through our online contact form for a free consultation.
Why York County Families Choose Lewis Law Firm, LLC
Insurance companies move quickly after a fatal accident. Adjusters are assigned, evidence is gathered, and the insurer’s legal strategy takes shape before most families have had time to grieve. Our investigation and strategy are built entirely around your family’s claim, not the insurer’s interests.
We also offer bilingual representation in Spanish, because language should never stand between a family and a clear understanding of their legal rights and options.
Wrongful Death Under South Carolina Law
South Carolina’s wrongful death statute, S.C. Code Section 15-51-10, defines a wrongful death as one caused by the wrongful act, neglect, or default of another party where the deceased would have had a viable personal injury claim had they survived. In practical terms, the family must establish that the responsible party failed to act with the ordinary care required of them under the circumstances. Not every accidental death qualifies. The death must result from another party’s negligence or wrongful conduct, not solely from the deceased’s own actions.
Who Can File a Claim & What Damages Are Recoverable
Under S.C. Code Section 15-51-20, only the executor or administrator of the deceased person’s estate may file a wrongful death claim. If no executor was named, a court may appoint a personal representative to serve in that role. The personal representative acts on behalf of all eligible beneficiaries: surviving spouses and children are first in line, followed by parents if there is no surviving spouse or children. Family members don’t need to be the named plaintiff to receive compensation.
Recoverable damages in a York County wrongful death claim can be substantial:
Economic losses: Medical expenses incurred before death, funeral and burial costs, lost income, future wages, and loss of benefits
Non-economic losses: Loss of companionship and care, and mental anguish suffered by surviving family members
In wrongful death cases involving medical malpractice, South Carolina caps non-economic damages per provider or institution at a base amount adjusted annually for inflation, with punitive damages separately capped. These caps don’t apply to other types of wrongful death cases.
Filing Deadlines & York County Court Jurisdiction
South Carolina generally requires a wrongful death lawsuit to be filed within three years of the date of death. Claims against government entities carry a shorter two-year deadline. Missing either deadline can prevent a family from pursuing recovery, which is why early legal involvement matters.
Where Your Case Proceeds in York County
York County’s civil court is part of the 16th Judicial Circuit, which covers York and Union counties. Civil matters, including wrongful death claims, proceed through the Court of Common Pleas at the Moss Justice Center. If a personal representative must be appointed for the deceased’s estate before the claim can be filed, that appointment runs through the York County Probate Court.
One important note: the civil wrongful death claim and any related criminal case move on separate legal tracks. Families don’t need to wait for a criminal verdict before pursuing compensation.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
