Since a wrongful death claim is essentially a personal injury claim that results in death, one must file a wrongful death claim in South Carolina in the same timeframe as they would a personal injury claim. Pursuant to S.C. Code Ann. § 15-3-530(5), the statute of limitations in filing a personal injury claim and, thus, a wrongful death claim in South Carolina is three years from the time they knew they had a cause of action, or by reasonable diligence should have known they had a cause of action, to file suit for a personal injury claim. In most circumstances, the time would be three years from the death of the individual.
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