What Damages Are Recoverable in a Wrongful Death Lawsuit?
Oct. 27, 2026
Losing someone you love because of another person's wrongful act can be challenging and leave you facing grief, uncertainty, and financial concerns. While no amount of compensation can replace your loved one, a wrongful death lawsuit can provide financial recovery for losses suffered by surviving family members.
At Cain Law Firm LLC, we understand that legal action after a death is about more than compensation. It's about addressing your family's losses and holding the responsible party accountable.
Our attorney can help you file a wrongful death claim and pursue fair compensation for the loss of your loved one. Located in Seneca, South Carolina, we serve clients throughout the surrounding areas. Contact us to schedule a consultation and discuss your legal options.
Economic Damages
The sudden death of a loved one can create financial losses that extend beyond the immediate expenses associated with a funeral. If your loved one contributed income, services, or other financial support to your household, those contributions will be considered when determining damages.
South Carolina courts recognize pecuniary loss as an element of damages in wrongful death cases. The specific amount depends on the circumstances of the deceased and the surviving beneficiaries. Depending on the circumstances, you may be able to seek compensation in a wrongful death lawsuit for the following:
Lost income and earning capacity: The financial value of income the deceased would reasonably have earned during their expected working life.
Loss of financial support: Financial contributions that you or your family depended on for household expenses and other needs.
Loss of services: The economic value of services such as childcare and household maintenance that the deceased would’ve provided.
Funeral and burial expenses: Costs associated with the deceased's funeral and burial, depending on the applicable claim and circumstances.
Calculating these losses isn't as simple as looking at the deceased's most recent paycheck. Factors such as the deceased's age, income, occupation, expected working life, household contributions, and other evidence will affect the value of the financial loss.
Non-Economic Damages
Financial losses are only part of what you and your family can experience after a wrongful death. South Carolina law also recognizes non-economic losses associated with the relationship between the deceased and their surviving family members.
South Carolina identifies several forms of non-economic damages that can be considered in a wrongful death claim. These losses can be deeply personal and can include:
Grief and sorrow: The emotional suffering caused by losing a spouse, parent, child, or another close family member.
Loss of companionship: The loss of the relationship, affection, support, and companionship the deceased provided.
Mental shock and suffering: Emotional distress resulting from the death.
Loss of society and comfort: The loss of the deceased person's presence, guidance, knowledge, and contributions to family life.
Unlike a medical bill or lost paycheck, these losses don't come with a fixed price tag. Evidence of the relationship between the deceased and their surviving family members, family circumstances, and contributions can help establish the impact of the death.
When Could Exemplary Damages Apply?
In some cases, the circumstances surrounding a death can justify exemplary damages in addition to compensatory damages. South Carolina's wrongful death statute specifically permits a jury to award exemplary damages when the wrongful act, neglect, or default resulted from recklessness, willfulness, or malice.
Exemplary damages serve a different purpose from compensation for financial or emotional losses. They might be available when the conduct that caused the death meets the legal requirements for such an award.
Whether exemplary damages can be pursued depends on the facts and evidence involved in the case. Simply because a death was tragic doesn't mean exemplary damages automatically apply.
Evidence concerning what happened before the death is particularly important in a wrongful death lawsuit. Records, witness accounts, photographs, video, medical information, employment records, and other documentation will help establish both liability and the losses resulting from the death.
How Does a Wrongful Death Lawsuit Differ From a Survival Action?
A wrongful death lawsuit and a survival action are separate legal claims addressing different injuries. A wrongful death action seeks damages resulting from the death for the benefit of the statutory beneficiaries. South Carolina courts have explained that wrongful death and survival actions are different claims for different injuries.
A survival action, by contrast, can address losses suffered by the deceased person before death. Depending on the circumstances, those damages can include medical expenses and conscious pain and suffering experienced by the deceased before death.
Whether a separate survival claim is appropriate depends on the facts of the case and the available evidence. An experienced Virginia personal injury lawyer can help you understand your legal options after a wrongful death.
Contact Our Experienced South Carolina Personal Injury Attorney Today
A lawsuit can't undo the loss of someone you love. It can, however, provide a legal path for addressing the financial and personal losses your family has experienced. South Carolina law allows qualifying beneficiaries to pursue damages.
Every case is different, and the damages available depend on the circumstances surrounding the death, the relationship between the deceased and the beneficiaries, and the evidence supporting the losses.
At Cain Law Firm LLC, our attorney, Paul Cain, can help you pursue a wrongful death claim while recognizing the deeply personal impact these cases can have on your family. If your loved one died because of someone else's negligence, contact us to schedule a consultation. Located in Seneca, South Carolina, we serve clients throughout the surrounding areas