Who Can File a Wrongful Death Claim in South Carolina?

Who Can File a Wrongful Death Claim in South CarolinaThe purpose of wrongful death litigation is to compensate the people who have been left behind when someone’s negligence causes another person’s death. By pursuing a wrongful death claim, the victim’s loved ones can receive compensation for funeral and burial expenses, medical bills, and lost income. A wrongful death settlement can also provide compensation for non-economic damages such as pain and suffering and loss of companionship.

Every state has different laws for who can file wrongful death claims and who is able to recover compensation from the claim. In South Carolina, the right to file a wrongful death claim is reserved for the administrator of the deceased person’s estate. An estate administrator is usually identified in the deceased person’s will or similar documents. They may be an attorney, a family member, or another party. If an administrator of the estate was not appointed before the deceased person passed away, a court can appoint an administrator for the purpose of continuing with a wrongful death case. The administrator is not necessarily the person who will receive compensation through the wrongful death claim; generally, compensation is allotted to the people who were most financially dependent on the deceased person.

Who Can Receive a Wrongful Death Settlement in South Carolina?

The spouse and children of the deceased person typically receive the compensation through a wrongful death settlement. Usually, the deceased person’s parents are next in line to receive compensation if the victim was not married or did not have any children at the time of their death. Compensation can go to other family members such as siblings, nieces and nephews, aunts and uncles, grandparents, or even non-relatives. Other parties who can receive compensation will depend on the deceased person’s family situation. Again, the purpose of wrongful death claims is to compensate the people who have most significantly been impacted by the victim’s death — who those people are can vary widely between cases.

Contact Christian & Christian for assistance with a wrongful death claim. We are committed to holding responsible parties accountable for their negligence.

If you are interested in speaking with our legal team, send us a message or call (864) 408-8883 for a free consultation.

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