Wrongful Death vs. Survival Actions in South Carolina: What’s the Difference?

When a loved one passes away due to someone else’s negligence, families in South Carolina may be entitled to file a wrongful death claim or a survival action. While the two types of claims are related, they serve different purposes and compensate for different types of losses.

At Davis & Snyder, our Greenville personal injury attorneys help families understand these differences so they can pursue the full compensation they deserve.

What Is a Wrongful Death Claim?

A wrongful death claim is brought on behalf of the surviving family members of the deceased. It seeks compensation for the losses the family suffers because of the death.

Damages in a wrongful death claim may include:

• Funeral and burial expenses

• Loss of financial support and benefits

• Loss of companionship, care, and guidance

• Emotional distress of surviving loved ones

  
  

In South Carolina, wrongful death claims are filed by the executor or administrator of the estate, but any recovery benefits the spouse, children, or parents of the deceased.

What Is a Survival Action?

A survival action is different: it focuses on the damages the deceased person could have pursued had they survived. Essentially, it is a personal injury claim that continues on after death.

Damages in a survival action may include:

• Medical expenses from the final injury or illness

• Lost wages from the time of injury until death

• Pain and suffering endured before passing

  
  

These damages become part of the deceased’s estate and are distributed according to South Carolina inheritance laws.

Key Differences Between Wrongful Death and Survival Actions

While both claims may be filed after a tragic loss, they serve separate purposes:

• Who the claim compensates:

  • Wrongful death → surviving family members

  • Survival action → the deceased’s estate

• What the damages cover:

  • Wrongful death → family’s financial and emotional losses

  • Survival action → the deceased’s medical bills, lost wages, and suffering

• Distribution of recovery:

  • Wrongful death → paid directly to eligible family members

  • Survival action → paid to the estate and distributed under inheritance law

    
    

Can Both Claims Be Filed Together?

Yes. In many cases, families pursue both wrongful death and survival actions at the same time. This ensures that all damages — both those suffered by the deceased and by the surviving family — are addressed in full.

Davis & Snyder: Greenville Wrongful Death Lawyers

Understanding the difference between wrongful death and survival actions is critical to making sure your family receives the full justice and compensation you are entitled to.

At Davis & Snyder, our team of compassionate personal injury attorneys guide families in Greenville and throughout South Carolina through every step of this process.

 to learn more about your legal options after the loss of a loved one.