Who Can File a Wrongful Death Claim in South Carolina
When someone else’s negligent actions or misconduct cause the death of someone you love, you may be angry and devastated. However, you could seek compensation for your loss. South Carolina law outlines who may file a wrongful death claim and how the proceeds get distributed.
An experienced South Carolina wrongful death attorney from Elrod Pope Accident & Injury Attorneys can help you understand these laws and determine whether you are eligible to file a wrongful death claim.
What Is a Wrongful Death Claim Under South Carolina Law?
The South Carolina wrongful death statute defines a wrongful death as one caused by the “wrongful act, neglect, or default of another” when the deceased would have been able to file a personal injury claim if they had survived. A wrongful death claim is an insurance claim filed with the insurance company of the party that caused the death, or a wrongful death lawsuit filed against the at-fault party themselves.
The purpose of the claim is to seek compensation for the loss of the deceased on behalf of their surviving family members. An award or settlement in such a case can include compensation for:
- Hospital expenses
- Burial expenses
- Loss of earnings
- Mental anguish as a survivor
- Loss of companionship, guidance, and consortium
Who Has the Legal Right to File a Wrongful Death Claim in South Carolina?
Only the personal representative or executor of the deceased’s estate can file a wrongful death claim or lawsuit in South Carolina. Although the claim or lawsuit is filed for the benefit of the deceased’s surviving family members, they are not allowed to file suit on their own unless they have been named the personal representative or executor.
What are The Duties of the Personal Representative?
The personal representative of a deceased person’s estate has duties beyond simply filing a claim or lawsuit for compensation. In addition to the other duties the personal representative owes the estate of the deceased, they may be required to do the following:
- Investigate the accident
- Retain legal counsel
- File the wrongful death lawsuit
- Communicate with beneficiaries
- Distribute compensation
Who Can Be a Beneficiary in a South Carolina Wrongful Death Case?
South Carolina law defines wrongful death beneficiaries as including the following parties:
- The surviving spouse and children
- The parents of the deceased, if no spouse or children exist
- The heirs-at-law, such as siblings, nieces and nephews, or grandparents, if the deceased leaves behind no surviving spouse, children, or parents
South Carolina’s intestacy statute specifies people who qualify as “heirs-at-law.” They include any heirs of the deceased’s parents, the grandparents, or heirs of the grandparents, the great-grandparents, or their heirs.
How Does Wrongful Death Compensation Get Distributed in South Carolina?
Upon the resolution of a wrongful death claim or lawsuit, wrongful death damages in South Carolina are distributed based on the following:
- If there is a surviving spouse but no children, the spouse gets 100 percent of the money.
- If the deceased’s spouse and children are living, the spouse gets 50 percent, and the children divide the other 50 percent equally.
- If there is no spouse, but there are children, the children divide the money equally. If no spouse or children survive, the deceased’s parents get the money. If both parents are living, each gets 50 percent. If only one of them is living, they get 100 percent of the money.
What Is the Difference Between Wrongful Death and Survival Actions?
Wrongful death actions are different from survival actions. You can file both types of actions.
A wrongful death action compensates the deceased’s family for the loss of the person they loved and who provided some benefits in their lives. The personal representative can seek money for funeral and burial expenses, and for the pain and suffering of the surviving family members.
A survival action benefits the deceased’s estate. In a survival action, the personal representative can seek compensation for the pain and suffering of the deceased before they died and for medical expenses the estate incurred before the death.
What Is the Statute of Limitations for Wrongful Death Claims in South Carolina?
The South Carolina wrongful death statute of limitations is a law that establishes the time a personal representative has to file a wrongful death lawsuit. The suit must be filed within three years of the date of death. The court can dismiss any suit filed after the deadline has passed without hearing it. If the case is dismissed, the personal representative loses the opportunity to pursue compensation through the court system.
How Can a South Carolina Wrongful Death Lawyer Help You?
An experienced South Carolina wrongful death lawyer at Elrod Pope will know how to file your wrongful death case and pursue maximum compensation on behalf of the beneficiaries, including taking steps such as:
- Assisting the personal representative by handling probate and wrongful death claims together
- Investigating the accident that caused the death
- Identifying all liable parties
- Determining the extent of applicable insurance policy limits
- Gathering evidence to support the claim
- Handling all communications with the insurance companies and at-fault parties
- Negotiating for maximum compensation in the wrongful death case
- Representing the estate at trial if no settlement can be reached
- Guiding the personal representative in performing their duties to the estate under the probate court’s jurisdiction
Contact a South Carolina Wrongful Death Lawyer
Elrod Pope Accident & Injury Attorneys have represented South Carolinians for more than 45 years. In that time, we have built a reputation based on compassion, trust, and results, such as the $7.75 million settlement we obtained in a wrongful death case for our client.
We are a family-oriented law firm that understands our clients’ challenges and prioritizes their well-being. Our clients aren’t just “cases.” Instead, we treat each client like family and a member of our community. Our clients recognize these efforts in the generous testimonials they have written.
When someone you love is wrongfully taken from you, you need a South Carolina wrongful death attorney. They can take on all the legal details of pursuing the compensation you deserve while you and your family grieve your horrific loss. Contact our office today for a free consultation.
