The loss of a loved one due to government negligence can leave families feeling powerless and uncertain about their legal options. Whether the death occurred due to poor road maintenance, negligent care at a public hospital, or a fatal car accident with a government vehicle, South Carolina law provides a pathway to seek justice, but the wrongful death claim procedure differs significantly from standard cases.
Our Anderson wrongful death lawyer regularly assists families in understanding their rights when pursuing claims against government entities. While these cases present unique challenges, like the application of sovereign immunity, proper legal guidance can help you protect your family’s right to fair compensation.
Understanding Sovereign Immunity in South Carolina
The South Carolina Tort Claims Act (SCTCA) partially waives sovereign immunity, allowing wrongful death claims against state and local government entities. However, several key restrictions apply.
The maximum liability is $300,000 per person or $600,000 per occurrence, regardless of the actual damages involved. This cap applies even in cases of clear negligence resulting in death, losing the possibility to seek punitive damages.
Certain government functions remain completely immune from wrongful death lawsuits. For example, you cannot sue for deaths resulting from legislative or judicial actions, discretionary government planning decisions, or emergency response decisions made during natural disasters.
The South Carolina Tort Claims Act covers state agencies, counties, cities, school districts, and other local government entities. Federal agencies, on the other hand, fall under different rules governed by the Federal Tort Claims Act (FTCA).
Government Entities You May Name in a Wrongful Death Claim
Different types of government entities may be liable in wrongful death cases:
- Public transportation. City bus services, school transportation departments, and state-operated transit systems may be liable for fatal accidents.
- Healthcare facilities. State hospitals, county medical centers, and public health clinics can be named in medical negligence cases.
- Educational institutions. Public schools, state colleges, and universities may face liability for deaths occurring on their premises or during official activities.
- Law enforcement. Police departments, detention centers, and other public safety agencies can be held accountable for wrongful deaths in custody or during encounters.
- Public works. Government departments responsible for road maintenance, public buildings, and infrastructure may be liable for deaths caused by unsafe conditions.
Critical Deadlines for South Carolina Wrongful Death Cases
Standard wrongful death claims in South Carolina typically allow three years from the date of death to file a lawsuit. However, government claims face stricter deadlines:
Notice Requirements
When naming a government agency or entity in a wrongful death claim in South Carolina, you are required to file written notice within one year of the death. In this notice, you must include specific details about the incident, document damages sought, and identify involved parties and witnesses.
Waiting Period
There is a mandatory waiting period of 180 days after filing your notice. There is an exception if the claim is denied earlier. Use this time to gather evidence and documentation with your South Carolina wrongful death lawyer.
Final Filing Deadline
The final deadline for filing a wrongful death claim against a South Carolina government entity is two years from the date of death. Missing any deadline can bar your claim permanently, and extensions are rarely granted.
Special Wrongful Death Claim Procedures to Remember
Filing a wrongful death claim against a government entity requires extensive documentation and precise attention to detail. You must gather all relevant medical records, evidence of the government's negligence, and formal proof of your appointment as the personal representative of the estate. Each piece of evidence must be properly documented and authenticated.
The filing process itself involves multiple steps.
- Gather and submit a complete death certificate.
- Submit your notice of claim to the specific government agency involved in the incident.
- Send a copy to the State Fiscal Accountability Authority.
- If your case involves multiple government entities, like both a city and state agency, you must file separate notices with each one.
Proper service of these documents is critical, as failing to notify even one required party could jeopardize your entire claim.
Types of Government Claims
Claims against different levels of government require different approaches.
Municipal
Municipal claims involving cities and counties must be filed with the appropriate city or county clerk or attorney. Each municipality may have its own specific notice requirements and immunity provisions. Understanding how similar claims have been handled in that jurisdiction can provide valuable insight into the process.
State
State agency claims involve additional layers of complexity. You must notify both the head of the specific agency involved and the State Fiscal Accountability Authority. State administrative procedures must be followed precisely, and different immunity considerations may apply depending on the type of agency and activity involved.
Federal
Federal claims follow a separate set of rules under the Federal Tort Claims Act. They require a six-month administrative claim process before any lawsuit can be filed. Federal cases have their own damage caps and strict procedural requirements. Additionally, they must be filed in federal court rather than state court, which involves different jurisdictional rules and procedures.
How Comparative Negligence Rules Affect Your Claim
South Carolina's modified comparative negligence law creates important considerations in government claims
Less Than 50% at Fault
Consider a scenario where a pedestrian dies after falling through unmarked construction on government property. The investigation shows that the victim ignored some warning signs, but others were missing. If the victim is found 40% responsible, the family can still recover damages, reduced by that percentage.
More Than 50% at Fault
Say a fatal accident occurs when a driver hits a deep pothole on a state highway during a rainstorm. If the investigation shows the driver was speeding excessively, their contribution to the accident will reduce potential recovery. If they were more than 50% at fault, no recovery is possible.
Multiple Parties
When multiple parties share responsibility for a wrongful death involving a government entity, each party's percentage of fault must be carefully established. The total compensation from government entities remains capped by SCTCA limits, even when private contractors or other parties share responsibility. Your attorney must evaluate each potentially responsible party to maximize your recovery while working within these limitations.
Skilled Legal Guidance During a Difficult Time
Pursuing a wrongful death claim against a government entity requires careful attention to procedural requirements and deadlines. Our Anderson law firm understands South Carolina claim requirements and can help ensure your case is filed correctly. Let us help protect your family's right to compensation during this difficult time.