Wrongful Death Attorney in Anderson, SC

You lost someone you love in the Anderson area, and the days since have blurred into hospital calls, funeral decisions, and relatives asking questions you do not have answers to. Somewhere in the exhaustion of the past weeks, a quieter question has started to surface: did someone else cause this?

The weight of what comes next arrives quickly. Medical bills, funeral expenses, lost income if your loved one supported the household, and insurance adjusters who may already be calling. Did you know that a three-year clock quietly begins running from the date of death under South Carolina law, after which point there would be no way to take legal action?

Patrick, Lewis & Watts serves Anderson families as trial-ready South Carolina wrongful death lawyers. We have tried wrongful death cases to verdict across the Upstate and recovered multi-million-dollar results for families.

Why Choose Patrick, Lewis & Watts for Your Anderson Wrongful Death Claim

At Patrick, Lewis & Watts, our team of attorneys carries more than 100 years of combined courtroom experience in wrongful death and catastrophic injury cases. Our attorneys have been recognized by the American Board of Trial Advocates, the American College of Trial Lawyers, the International Society of Barristers, and Best Lawyers in America. This is a trial-ready firm that has tried wrongful death cases to verdict, not only settled them before trial.

Our Wrongful Death Case Results

The results below come from wrongful death cases our firm has handled. Past outcomes do not predict future results.

• $3,000,000 jury verdict for a child killed at a state park when smoke detectors were never installed.
• $3,000,000 settlement for a worker electrocuted on the job.
• $1,000,000+ settlement for a fatal hydroplaning crash caused by improperly sloped road elevation.
• $500,000 jury verdict for a motorist killed in a left-of-center collision.

What Our Clients Say

“A True Legal Superhero! I cannot thank Patrick Lewis & Watts enough for the incredible support and expertise they provided after my son was involved in a car accident. From the very first conversation, Austin showed genuine care, compassion, and dedication to helping us navigate a stressful and emotional situation. Austin took the time to explain every step clearly, always made us feel heard, and fought tirelessly to protect my son’s rights and well-being. Their professionalism, responsiveness, and deep knowledge of the law truly set them apart. Thanks to their hard work, we achieved a result that exceeded our expectations — but more importantly, we felt supported every step of the way. If you’re looking for a lawyer who not only knows the law inside and out but also truly cares about their clients, look no further. Thank you again, Austin and his team for being our rock during such a difficult time. You are a true superstar in every sense of the word!” — Anupam D.

“My experience with the team at Patrick , Lewis & Watts , P. A.was nothing short of outstanding. Mr. Lewis handled my case with the utmost professionalism and care. He fought tirelessly for my case. It was an emotionally exhausting case with too many complexities involved but his strategic thinking and bold advocacy helped me achieve a favorable outcome. Mr. Stephen Lewis always provided exceptional service and results. I will always appreciate and remember how hard Stephen fought for me during my lawsuit. Mr Stephen Lewis is no longer my lawyer, but a forever friend. Thank you Stephen for everything you’ve done for my family and I during some of my darkest days.” — Jennifer M.

What Qualifies as a Wrongful Death Under South Carolina Law?

Under South Carolina Code § 15-51-10, a wrongful death is a death caused by the wrongful act, neglect, or default of another person or party. The statute applies whether the conduct was accidental, reckless, or criminal, and a death that legally amounts to a felony still qualifies for civil purposes.

The statute creates a two-part test. First, someone else’s wrongful act, neglect, or default must have caused the death. Second, your loved one must have been able to file a personal injury claim of their own had they survived.

If both answers are yes, a wrongful death claim is available. Car crashes, truck collisions, workplace accidents, medical errors, fatal falls, and deaths caused by defective products are the most common fact patterns that meet this standard.

Who Can File a Wrongful Death Lawsuit in Anderson, SC?

South Carolina draws a clear line between who files a wrongful death lawsuit and who receives the money. Only the personal representative of your loved one’s estate has legal standing to file under SC Code § 15-51-20, either an executor named in a will or someone appointed by the Anderson County Probate Court if there is no will.

Beneficiaries are a different group. South Carolina distributes compensation to surviving family members in a statutory order:

• A surviving spouse and children first, sharing the recovery.
• If there is no spouse or children, the parents of the deceased.
• If none of the above, the heirs identified through the estate.

For most families we meet in Anderson, the probate step is the first procedural hurdle they did not know was required. The civil case cannot be filed until it is done. We help families open the estate, obtain appointment of the personal representative, and then begin the civil claim in the correct sequence.

Types of Fatal Accidents That Lead to Wrongful Death Claims in Anderson, South Carolina

Most of the fatal accidents we handle across Anderson fall into a limited set of categories.

• Motor vehicle collisions, including passenger cars and motorcycles caused by a negligent or impaired driver.
• Tractor-trailer and commercial truck collisions, where federal regulations and driver logs shape the case.
• Medical malpractice and hospital errors, which follow a separate pre-suit notice procedure in South Carolina.
• Fatal falls and deaths caused by negligent security on someone else’s property.
• Defective products covered under South Carolina product liability law.

What Compensation Can Families Recover in a Wrongful Death Case?

South Carolina groups recoverable damages into two broad categories. Economic damages cover the measurable financial losses caused by the death. Non-economic damages cover the harder-to-quantify losses tied to the deceased person’s role in family members’ lives. In cases involving willful, reckless, or malicious conduct, the court may also award punitive damages.

Economic Damages Available

Economic damages account for the money your family has lost or will lose because of the death:

• Medical expenses connected to the fatal injury or illness.
• Funeral and burial expenses.
• Lost earnings and the financial support your loved one would have provided the household over their working life.
• Loss of expected benefits, including health insurance, retirement contributions, and pension accruals.
• Loss of the practical services the deceased contributed to the home, including childcare, transportation, maintenance, and caregiving.

Calculating lost financial support often requires wage records, tax returns, and sometimes economic analysis. We handle that work so the numbers reflect what was actually lost rather than a general estimate.

Non-Economic Damages for Surviving Family

Non-economic damages cover losses that are real but harder to measure in dollars. South Carolina recognizes:

• The loss of your loved one’s care, companionship, protection, and guidance.
• The mental anguish and emotional distress the family has suffered.
• Loss of consortium for a surviving spouse.

A separate claim, called a survival action, compensates the estate for what your loved one went through between the injury and death, including pain, suffering, and their own pre-death medical expenses. Both claims are often filed together in the same case in Anderson County. Wrongful death damages pass to the statutory beneficiaries. Survival action damages pass through the estate.

How Long Do I Have to File a Wrongful Death Claim in South Carolina?

South Carolina gives you three years from the date of your loved one’s death to file a wrongful death lawsuit under SC Code § 15-3-530(6). Miss that window, and a court will almost always dismiss the case, regardless of its merit.

Claims against a government entity follow a shorter rule. The South Carolina Tort Claims Act applies a two-year window for most claims against state and local defendants, which matters in cases involving public hospitals, county agencies, or negligent road maintenance.

Three years can feel longer than it is. Before the civil case can be filed, the estate must be opened and a personal representative appointed, and evidence degrades on its own timeline as crash data gets overwritten, records get misfiled, and witness memories fade. Contacting an attorney early protects the claim and gives us time to preserve what matters.

How Wrongful Death Cases Move Through Anderson County Courts

Wrongful death cases in Anderson County move through two courts in sequence. Anderson County Probate Court opens the estate and appoints the personal representative who has standing to file the civil claim. Anderson County Court of Common Pleas, part of South Carolina’s 10th Judicial Circuit, then hears the wrongful death civil action once the personal representative is in place.

Opening the Estate in Anderson County Probate Court

The probate step has to happen before the civil case can move. Anderson County Probate Court appoints a personal representative whose job, for wrongful death purposes, is to file the civil lawsuit on behalf of the estate and its beneficiaries.

A spouse, adult child, parent, or other close relative can petition to serve. If a will names an executor, that person usually takes the role. If there is no will, the court appoints someone, often a family member.

Uncontested appointments typically take a few weeks. Contested estates, or estates with assets requiring formal valuation, can extend the step to several months.

Filing in Anderson County Court of Common Pleas

Once the personal representative is appointed, the wrongful death lawsuit is filed in the Anderson County Court of Common Pleas, part of South Carolina’s 10th Judicial Circuit. Common Pleas handles any civil case where more than $7,500 is in dispute, and wrongful death cases virtually always exceed that threshold. Filings go through the Anderson County Clerk of Court at 100 South Main Street, and South Carolina requires electronic filing for civil cases through the state’s mandatory e-filing system.

From there, a typical wrongful death case follows service on the defendant, written discovery and depositions, motion practice, mediation, and, if the case does not settle, a jury trial.

How to Choose a Wrongful Death Lawyer in Anderson, SC

Hiring a wrongful death lawyer in Anderson is a high-stakes decision, and the right questions at the consultation stage usually tell you what you need to know. Four questions matter most:

• Has the firm tried wrongful death cases to a jury verdict, or does it settle every case? Trial-ready posture can change how insurers approach a case. Our attorneys have tried wrongful death cases to verdict in South Carolina.
• Who will actually handle your case day to day?
• What is the firm’s experience in the 10th Judicial Circuit? Local judges, opposing counsel, and court procedures matter. Our attorneys regularly practice in Anderson County Court of Common Pleas and the surrounding courts.
• How does the fee structure work? Most reputable wrongful death firms, including ours, work on contingency. You pay no attorney fees unless we recover compensation.

Those four answers usually separate firms built to try cases from firms built to move volume. When you are ready to ask ours, we will give them to you directly.

Frequently Asked Questions About Anderson Wrongful Death Claims

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

A wrongful death claim compensates the surviving family for their loss, including lost financial support, companionship, and grief. A survival action compensates the estate for what your loved one experienced between the injury and death, such as pain, suffering, and medical expenses. Both are often filed together. Survival action damages pass through the estate; wrongful death damages pass directly to statutory beneficiaries.

How Are Wrongful Death Settlements Distributed in South Carolina?

South Carolina follows a statutory order. A surviving spouse receives one-half, and the remaining half is split equally among the children. With no children, the spouse receives the full amount; with no spouse, the children share equally. If neither survives, the parents receive, and if none survive, the heirs through the estate. Court approval documents the final allocation.

Can a Wrongful Death Claim Be Filed If the At-Fault Party Is Criminally Charged?

Yes. Civil and criminal cases proceed on separate tracks, and a pending, resolved, or declined criminal case does not stop your civil claim. Criminal court requires proof beyond a reasonable doubt; civil court requires only a preponderance of the evidence. That gap means a civil wrongful death claim can succeed even when a criminal case ends without a conviction.

How Much Does It Cost to Hire a Wrongful Death Lawyer at Patrick, Lewis & Watts?

Patrick, Lewis & Watts handles wrongful death cases on a contingency fee basis, which means no upfront legal fees. Attorney fees are paid as a percentage of the recovery, only if there is one. Case expenses such as filing fees, records requests, and outside witness costs are typically advanced by the firm, and the written fee agreement spells out how they are handled if the case does not recover. No recovery, no attorney fees.

Speak With a Trusted Anderson Wrongful Death Attorney Today

We know you did not come to this page lightly. You lost someone, and deciding whether to call a lawyer is not a decision to be taken lightly. When you are ready, we offer a free case evaluation so you can receive an honest answer on whether a wrongful death claim makes sense for your family.

South Carolina’s three-year deadline is a practical reason not to wait, not a reason to feel pressured. Call 864-240-5500 or reach us through our online contact form. At Patrick, Lewis & Watts, our clients are our neighbors, and we take each case personally.