family members grieving over the loss of a loved one

Rock Hill Wrongful Death Lawyer

Legally Reviewed by, Brent Stewart: June 01, 2026

It is never easy to lose someone you love. It is especially painful when the death is unexpected or due to someone else’s careless behavior. Our Rock Hill wrongful death lawyers at Stewart Law Offices, help grieving families pursue compensation for the unplanned financial burdens that come from losing a loved one.

Brent Stewart, SC Founding AttorneyWith more than three decades of legal experience, Attorney Brent Stewart, a South Carolina Bar licensed attorney and founder of Stewart Law Offices, has helped families throughout Rock Hill and York County seek accountability after the wrongful loss of a loved one.

Our trusted legal team has the knowledge, resources, and compassion needed to guide families through this difficult time while pursuing accountability and justice.

Call at (803) 328-5600 or contact us online to arrange your free and confidential case review.

Hear directly from the people whose lives were changed and how Stewart Law Offices helped them find support, answers, and a path forward after serious accidents.

What Is A Wrongful Death?

Under South Carolina law, a wrongful death is when the death of a person is the result of a wrongful act, neglect, or default of another party. The wrongful act, neglect, or default must be the type of action for which the person could have filed a personal injury lawsuit had he or she lived.

A wrongful death claim can arise when one person dies due to the legal fault of another person or entity. In Rock Hill, families commonly pursue wrongful death cases involving:

While this list covers some of the most common causes, virtually any act of negligence that leads to an untimely death can give rise to a wrongful death claim. If you have lost a loved one due to someone else’s carelessness or wrongdoing, it is important to speak with an experienced wrongful death lawyer in Rock Hill, SC as soon as possible.

Damages Available in a Wrongful Death Lawsuit

If you’ve lost a loved one because of someone else’s negligence, you may be eligible to recover substantial compensation. This can cover both economic losses and the emotional hardship your family has experienced, especially when dependent children are affected. In South Carolina, damages can be awarded for a range of losses, including:

  • Funeral and burial expenses
  • Medical bills and expenses related to the deceased person’s final illness or injury
  • Lost financial support and benefits
  • Loss of household services
  • Loss of the deceased person’s experience, knowledge, and judgment
  • Loss of the deceased person’s care, companionship, and protection
  • Pain and suffering experienced by the surviving family members.
  • Punitive damages

If the conduct that caused the death was deliberate or reckless, the court may also award exemplary damages.

In some cases, a person may suffer injuries and live with them for a period of time before eventually passing away. When this happens, surviving family members may be able to file two separate claims. A wrongful death claim compensates the surviving family members for their own losses, while a survival claim compensates the deceased person’s estate for damages they would have been entitled to had they survived.

It is also common for insurance companies and defendants to argue that the victim was partly at fault for the accident in order to reduce or avoid paying compensation. In South Carolina, this is referred to as comparative negligence. Our experienced attorneys will aggressively challenge any such attempts and work to ensure you receive the full compensation you deserve.

Who Can File and Receive Compensation in a Wrongful Death Claim?

Who Can File a Wrongful Death Lawsuit?

Under South Carolina law, the executor or administrator of the deceased person’s estate must file a wrongful death claim. If the deceased made a will, the executor will be named there. But if the deceased person has no estate plan, or if the named executor cannot or does not wish to serve, the court may name someone.

Who Can Receive Damages in a Wrongful Death Lawsuit?

Any damages recovered will go to the deceased person’s surviving family members. The family members who can recover damages in a South Carolina wrongful death case include:

  • the deceased’s surviving spouse and children
  • the deceased’s surviving parents, if there is no spouse or child, and
  • the deceased’s heirs, if there are no parents, spouse, or children.

Wrongful Death Statute of Limitations in South Carolina

The statute of limitations that applies to wrongful death claims is within three years of the date of the person’s death. Three years may seem like a long time, but it passes quickly, so it is important to act promptly if you want to pursue compensation for wrongful death. Filing sooner can also make it easier to gather the evidence needed to build a strong case.

For this reason, it is important to connect with an experienced personal injury lawyer as soon as you are ready to take action following a loved one’s death. A wrongful death case can involve a complex investigation and may require swift action to preserve and gather critical evidence. The sooner your attorney begins working on your case, the stronger your claim may be.

Visit Our Wrongful Death Attorneys in Rock Hill, SC

What Evidence Is Required in a South Carolina Wrongful Death Claim?

To recover compensation for the wrongful death of a loved one, it must be proven that the death was a direct result of another party’s negligence. The death certificate serves as a critical piece of evidence, as it establishes the official cause of death. Additional supporting evidence may include details surrounding the circumstances of the death, relevant records, and witness testimonies.

Contact a Wrongful Death Attorney in Rock Hill

You owe it to yourself and your family to seek skilled advice from a wrongful death lawyer before accepting any settlement offers. At Stewart Law Offices, we take the time to get to know our clients so we can provide personalized and compassionate service. Contact us online or visit our office today to schedule a free initial consultation and learn about your rights after a wrongful death with our Rock Hill legal team, including attorney Tyler Bathrick, a South Carolina Bar licensed lawyer.

Call at (803) 328-5600 or contact us online to arrange your free and confidential case review, with no fee until we win.

Our Personal Injury law firm in Rock Hill also provides:

FAQs About Wrongful Death Claims in Rock Hill, SC

Under South Carolina law, a personal representative must file a wrongful death claim. This is typically the executor named in the deceased’s will. In some cases, a court may need to appoint someone to serve in this role. Stewart Law Offices can guide eligible family members through this process from the very beginning.

Traffic collisions claim tens of thousands of lives across the United States every year. When these crashes result from negligence, the loss is especially painful because it was entirely preventable. Common causes of wrongful death in Rock Hill include distracted driving such as texting, driving under the influence of drugs or alcohol, speeding, drowsy driving, and reckless or aggressive driving. These losses leave families not only devastated emotionally but often facing serious financial hardship as well.

Stewart Law Offices will thoroughly investigate your case and pursue compensation based on your specific circumstances. This may include medical bills and expenses incurred before your loved one’s passing, funeral and burial costs, lost wages and benefits, loss of the guidance and knowledge your loved one provided, and loss of companionship and care. Every wrongful death case is unique, and our team is committed to pursuing the full results your family deserves.

Yes. Stewart Law Offices handles wrongful death cases on a contingency fee basis, meaning you pay nothing out of pocket and owe no attorney fees unless compensation is recovered for you. Without legal representation, insurance companies with substantial resources may pressure you into accepting far less than your claim is worth. Having Stewart Law Offices on your side ensures your rights are fully protected throughout the process.