Losing a loved one because of someone else’s carelessness is a grief unlike any other. Along with the pain of your loss, you’re left with questions that often feel impossible to answer while you’re still in shock. What rights does your family have? Can someone be held responsible? What does the law say, and where do you even begin? If your family is searching for a Myrtle Beach wrongful death attorney, trust the experienced team at Lowcountry Law to walk beside you as you seek answers, accountability, and a path forward.
Born and raised in Myrtle Beach, attorney Matthew Breen brings valuable local knowledge to your case, including an understanding of the area, its courts, and the nuances of handling a wrongful death claim in South Carolina. That local perspective is especially valuable in a community that welcomes millions of people from outside the area each year. While the broader Myrtle Beach metropolitan area has a population of over 400,000 people, it also sees more than 17 million annual visitors. With such a large and ever-changing population, wrongful death cases in the area can involve people who live locally as well as families hundreds or even thousands of miles away.
Matthew Breen’s deep roots in Myrtle Beach give him insight into the community and local legal landscape, no matter where his clients call home.
1. Do I Have a Wrongful Death Claim in South Carolina?
In South Carolina, a wrongful death occurs when someone dies because of another party’s wrongful act, neglect, or failure to fulfill a legal duty, and the person could have filed a personal injury lawsuit had they survived (S.C. Code Ann. § 15-51-10).
For families who lose someone in Myrtle Beach, the circumstances surrounding a wrongful death can be closely tied to the area’s unique mix of tourism, busy roadways, resorts, and water activities. These factors can contribute to serious accidents involving both residents and visitors.
Fatal traffic crashes on congested roads like Kings Highway (US-17), water incidents in the ocean, boating accidents on the Intracoastal Waterway, workplace incidents, dangerous property conditions, and defective products are just some examples that may lead to a wrongful death claim.
However, a tragic or unexpected death doesn’t automatically qualify as wrongful death. The questions we must answer are whether another party’s wrongful or negligent conduct caused the death and whether the person would have had grounds for a personal injury claim if they had survived.
2. Who Can File a Wrongful Death Claim?
If a death qualifies as a wrongful death under South Carolina law, the lawsuit must be brought by the deceased person’s court-appointed personal representative. But how does someone become the personal representative?
That happens through probate, the legal process for managing a person’s estate after death. The probate court formally appoints a personal representative. This appointment gives the person legal authority to act on behalf of the estate and bring a wrongful death lawsuit.
If your loved one lived in Horry County, the appointment process is handled through the Horry County Probate Court in Conway. If an out-of-state resident died in Myrtle Beach, you may instead need to begin the estate appointment process in the county and state where the person lived.
The personal representative appointed by the court may be:
- The executor named in a will (Note that even if a loved one named an executor in a will, that person must still be formally appointed by the probate court as the estate’s personal representative.)
- A spouse, adult child, or another qualified person appointed when there is no will
- A neutral or other suitable person, if there’s a dispute or no eligible person is willing to serve
Only the personal representative can file or settle a wrongful death claim. A spouse, child, or parent may have a right to receive compensation from the claim. However, that right does not authorize them to handle the claim themselves.
If you’re unsure what steps to take next, we recommend consulting a trusted Myrtle Beach wrongful death attorney like Matthew Breen.
3. How Long Do I Have To File a Wrongful Death Lawsuit in Myrtle Beach?
Myrtle Beach timelines are guided by SC law. In most wrongful death cases, the personal representative generally has three years from the date of the person’s death to file a lawsuit. Missing this deadline can prevent the family from pursuing compensation.
However, there are some exceptions to this deadline. For instance, if a government agency or employee may be responsible, the claim may fall under the South Carolina Tort Claims Act. In many of these cases, the family has only two years to file a lawsuit. Filing a formal, sworn claim with the appropriate government entity may sometimes extend that deadline to three years.
If the death may have resulted from medical malpractice, the family must complete additional steps before filing a lawsuit.
Because these deadlines and procedures can be complicated, it’s important to speak with a Myrtle Beach wrongful death attorney as soon as possible.
4. What Can a Wrongful Death Attorney Help Prove?
A Myrtle Beach wrongful death attorney can investigate what happened and gather evidence to show that another person or business may be legally responsible for your loved one’s death.
For negligence-based cases, attorney Matthew Breen will help you establish four key points:
- Duty of care: The person or business had a legal responsibility to act with reasonable care. For example, drivers must follow traffic laws and operate their vehicles safely. Hotel, resort, restaurant, and property owners must also keep their premises reasonably safe for guests and visitors.
- Breach of duty: The responsible party failed to meet their duty of care. This could include speeding, failing to correct a known hazard at a hotel or in a parking area, operating a boat unsafely, or other violations.
- Causation: The breach caused or contributed to the fatal injuries. In other words, the evidence must show a connection between the responsible party’s actions and the person’s death.
- Damages: The death caused legally recognized losses for eligible family members.
A Myrtle Beach wrongful death attorney investigates the circumstances of the death and works to preserve evidence before it disappears. Evidence may include:
- South Carolina collision reports
- The Myrtle Beach Police report and 911 records
- Surveillance footage from hotels, resorts, restaurants, parking areas, or nearby businesses
- Property maintenance or security records
- Witness statements
- Medical records
- Expert analysis
In boating cases, the investigation may also look at South Carolina Department of Natural Resources (SCDNR) reports, vessel maintenance records, charter company logs, and available GPS or electronic data.
5. What Compensation May Be Available After a Wrongful Death?
In a wrongful death claim, eligible family members can recover damages such as lost financial support and services, loss of companionship, emotional losses, and funeral expenses. Eligible beneficiaries generally include the deceased person’s spouse and children, the parents (if there is no spouse or child), or the person’s heirs (if there are no surviving parents).
A related “survival action” may seek compensation for losses the deceased person experienced between the injury and death, such as medical bills, lost earnings, and conscious pain and suffering. The personal representative may pursue one or both claims, depending on the facts, but the same loss can’t be recovered twice.
6. How Can Lowcountry Law Help After a Wrongful Death in Myrtle Beach?
Born and raised in Myrtle Beach and surrounded by lawyers from an early age, Matthew Breen pairs strong local ties with an accomplished legal record. He scored in the top 1% nationally on the South Carolina Bar exam and has earned recognition from prestigious organizations such as Super Lawyers, Best Lawyers, and Martindale-Hubbell.
Attorney Breen has also recovered millions for South Carolina families. He’s known for being aggressive with insurance companies and responsible parties that may try to minimize your recovery. When you work with him, he’ll do whatever it takes to maximize your compensation.
His firm’s motto, “Always available to our clients,” reflects Matthew’s commitment to being accessible and responsive to families when they need guidance most:
“Unlike the typical law firm where basic information is gathered from the client and the client is sent on their way until a settlement is reached or not, Matthew Breen of Lowcountry Law made me feel like a part of the team and not just a client. He was very professional, kept me informed, included me in discussions and decisions regarding my case, was available when I needed him, and above all, he made me feel comfortable throughout the process.” – Ashlee B.
Additionally, Attorney Breen believes that cost shouldn’t keep you from seeking answers after losing someone you love. Lowcountry Law requires no upfront payment, and Matthew only collects a fee if he wins your case. Your initial consultation is also free, so there’s no financial risk in discussing your case and learning what options may be available.
Talk to an Experienced Myrtle Beach Wrongful Death Attorney
When you’re grieving, figuring out what the law requires or what to do next can feel like one more burden you’re not ready for. But you don’t have to work through it all alone. Myrtle Beach wrongful death attorney Matthew Breen can help you understand whether you have a claim and what you may recover.
With deep roots in Myrtle Beach, a strong record of results, and a commitment to being available to his clients, Matthew Breen is ready to advocate for you and your family. Schedule a free consultation with Lowcountry Law today to share your story, ask questions, and learn how we can help you move forward.
