The loss of a loved one is one of the most painful experiences a family can endure. When that loss occurs because of another party’s negligence or wrongful actions, the pain is compounded by feelings of injustice and frustration. Wrongful death cases are brought to help families in Aiken and across South Carolina seek justice and obtain the financial support they need.
While no amount of money can ever replace the life of a spouse, child, or parent, financial compensation can ease the economic burden, provide stability, and hold the responsible party accountable. Understanding what types of damages are available and how they are calculated is essential for families navigating Aiken wrongful death cases.
At Johnson, Johnson, Whittle, Lancer, and Staggs, we understand the weight of what you are facing. Our wrongful death attorneys are committed to guiding you through every step of the process of a wrongful death case with compassion and determination.
We fight to ensure that you and your family receive the full measure of compensation available under South Carolina law, and that the party responsible for your loss is held accountable.
If you are suffering from the loss of a loved one due to the negligence of another, call our Aiken wrongful death attorneys today at (803) 649-5338.
Understanding Wrongful Death Compensation
In South Carolina, wrongful death is defined under [S.C. Code § 15‑51‑10]—when the death is caused by another’s wrongful act, neglect, or default, the responsible party may be liable for damages as if the victim had survived the injury
Eligibility to pursue compensation is limited to certain individuals statutorily designated as beneficiaries—typically the spouse and children, or, if none, the parents.
In some cases, the estate may also be involved in distributing damages.
Economic Damages
These are measurable financial losses directly resulting from the death:
- Medical Expenses: Costs for any emergency care, hospitalization, or medical treatment before the death.
- Funeral and Burial Costs: Includes funeral services, caskets, cremation, and related expenses.
- Lost Income and Benefits: Compensation for the expected earnings, retirement benefits, health coverage, and other employment-related contributions the deceased would have provided.
- Loss of Services: Covers the value of household or care contributions such as childcare, home maintenance, or elder care.
Non-Economic Damages
These compensations account for emotional and relational losses:
- Loss of Companionship and Consortium: Compensation for the affection, moral support, and partnership lost by a spouse
- Mental Anguish and Emotional Distress: Acknowledgment of the emotional pain, grief, and trauma suffered by family members.
- Loss of Parental Guidance: Reflects the void left when a child loses the nurturing, guidance, and support of a parent.
Punitive (Exemplary) Damages
These are not awarded in every case but serve to punish severely negligent or reckless behavior and deter future misconduct. South Carolina law allows, upon clear and convincing evidence, the award of exemplary damages in wrongful death cases
There are statutory caps: punitive damages cannot exceed three times the actual damages or $500,000—whichever is greater.
How Compensation Is Calculated
Determining the amount of compensation in a wrongful death case is not a simple formula. Every family’s situation is unique, and courts must carefully weigh a variety of factors to ensure the award truly reflects both the financial and emotional impact of the loss.
Unlike standard injury cases, wrongful death damages often look decades into the future, considering how the deceased’s life and contributions would have supported their loved ones over time.
This process usually requires a combination of legal arguments, factual evidence, and expert testimony. Judges and juries often rely on medical professionals, economists, and vocational experts to project long-term losses, such as future earnings, healthcare needs, or the economic value of services provided at home.
In addition, they consider the emotional and relational impact the loss has had on surviving spouses, children, and dependents. Because of this, calculating compensation in wrongful death cases is as much about painting a complete picture of the deceased’s role in the family as it is about numbers and financial records.
Courts evaluate several factors:
- Age and Health of the deceased—longer expected lifespan often leads to higher awards.
- Earning Potential—based on education, job history, and professional trajectory.
- Dependency—the extent to which family members depended on the deceased for financial or emotional support.
Expert testimony from economists or life-care planners often assists in quantifying long-term impacts.
The Importance of Legal Representation
Wrongful death cases in Aiken involve complex procedures—from gathering medical evidence to meeting statutory filing deadlines. South Carolina’s statute of limitations generally gives survivors three years from the date of death to file a claim under [S.C. Code § 15‑3‑530].
An experienced wrongful death attorney can help ensure:
- All categories of compensation (economic and non-economic) are thoroughly documented.
- Courts review and approve settlements as required by [S.C. Code § 15‑51‑41/42].
- Timely filing and strong legal advocacy—particularly important when punitive damages are involved or liability is contested.
Seek Justice and Support Today for Your Aiken Wrongful Death Case
Wrongful death damages encompass both financial losses and emotional suffering, offering families some measure of stability and accountability. From covering funeral costs to recognizing deep emotional pain, compensation acknowledges profound loss while allowing grieving families to move forward.
Because wrongful death claims in South Carolina are governed by strict statutes and involve complex legal issues, time is critical. Evidence must be preserved, procedural requirements must be met, and the case must be built with strong documentation and expert testimony. Families who wait too long risk losing the chance to seek recovery altogether.
If your family has lost someone due to another’s negligence, you are not alone. Contact Johnson, Johnson, Whittle, Lancer, and Staggs today by calling (803) 649-5338 for a free consultation, and let us advocate for the full compensation and justice your loved one deserves.
