How Is Compensation Calculated in a Wrongful Death Claim?

ByLily James

Compensation in a wrongful death claim is calculated by adding up what the family has lost, both financially and personally, because of their loved one’s death. It is not one number pulled from a chart. It is built piece by piece based on the specific facts of each case.

Charleston is part of South Carolina’s Lowcountry, a region with deep family roots and a tight-knit community. Wrongful death claims here fall under South Carolina Code of Laws Section 15-51-10, which gives surviving family members the legal right to seek damages when a death results from someone else’s negligence.

A Charleston wrongful death lawyer can help a family identify every loss they are entitled to claim before anything gets overlooked.

The Two Main Categories of Damages

Every wrongful death claim starts by separating losses into two buckets. Economic damages are the ones you can document. Non-economic damages are the ones that hurt just as much but do not come with a paper trail.

Economic Damages

These are the financial losses the family can actually prove with records and expert analysis.

  • Lost income the deceased would have earned over their remaining working years
  • Lost benefits like health insurance, retirement contributions, and pension plans
  • Medical bills from the time of injury through the time of death
  • Funeral and burial expenses the family had to cover

Financial experts are often brought in to project future lost earnings. They look at the person’s age, job history, education, and career path to build a realistic picture of what the family has lost going forward.

Non-Economic Damages

This is where the human side of the loss gets counted.

South Carolina law allows recovery for loss of companionship, emotional support, and guidance. A child who loses a parent loses years of presence, advice, and everyday moments that no dollar figure truly captures. Juries have wide discretion here, which is why how the story of the loss is told in court actually matters.

What Pushes the Number Up or Down

Not every case results in the same compensation, even when the circumstances look similar on the surface.

Age and Earning Potential

A 38-year-old with 25 more working years ahead represents a much larger economic loss than someone who has already retired. Courts and experts weigh this carefully when projecting lost income.

Number of Dependents

A spouse and young children who depended entirely on the deceased’s income will typically see more serious economic damages. A case with no financial dependents looks very different in front of a jury.

Shared Fault

This one can significantly reduce what a family recovers. South Carolina follows a modified comparative fault rule under Section 15-38-15. If the deceased was partly responsible for what happened, compensation gets reduced by that percentage. If their share of fault exceeds 51 percent, the family may recover nothing at all.

Settlement vs. Going to Trial

Most wrongful death cases settle before ever reaching a courtroom. Settlements are faster and less draining, and they give both sides more control over the result.

But a quick settlement offer from an insurance company is not always a fair one. Accepting too early, before all losses are fully understood, can leave a family with far less than they deserve.

Trial makes more sense when:

  • The defendant is denying any responsibility.
  • The settlement offer does not come close to covering the real losses.
  • There is solid evidence of gross negligence or reckless behavior.

A jury verdict can be higher than any settlement offer, but it also takes longer and carries more risk. That tradeoff is worth discussing carefully with an attorney before making any decisions.

Key Takeaways

  • Wrongful death compensation is built from economic losses like income and benefits, plus non-economic losses like companionship and support.
  • South Carolina Code Section 15-51-10 defines who can file and what damages are available to surviving family members.
  • Age, earning history, dependents, and fault all directly shape the final compensation figure.
  • Under Section 15-38-15, if the deceased shared fault, the family’s recovery is reduced or possibly eliminated.
  • Financial experts play a key role in calculating projected future income losses.
  • Insurance settlement offers should never be accepted before the full scope of losses is understood.
  • Getting legal help early prevents families from leaving significant compensation on the table.