Understanding How To Divide A Wrongful Death Settlement

Get a Free Case Evaluation
100% Secure & Confidential
5.0 Google Rated
Brain Injury Settlement
Bad Faith Insurance Settlement
Wrongful Death Settlement
Medical Malpractice Settlement
Medical Malpractice Settlement
Premise Liability Settlement
Medical Malpractice Settlement
Trucking Accident Settlement
Nursing Home Negligence Settlement
Product Liability Settlement
Medical Malpractice Settlement
Tucking Accident Settlement
Civil Rights Jail Misconduct Settlement
Trucking Accident Settlement
Medical Malpractice Settlement

Under the South Carolina Code of Laws, wrongful death settlements should be divided or distributed among particular family members. Basically, this means that the will of the victim who died is not a factor when dividing settlements. These family members include the following:

  • The surviving spouse receives half of the settlement but receives the entire amount if no surviving children exist.
  • Half of the settlement will be divided among the children if there’s a surviving spouse. For example, if a wife and mother of two died due to wrongful death, half of the settlement will go to the husband, and the two children will divide the remaining half. The children get the entire settlement if there’s no surviving husband. However, children won’t get their settlement shares until they become adults.
  • The parents of the deceased individual will receive equal shares of the settlement if no surviving children or spouse exists. On the other hand, if the probate court judge determines that a parent failed to support the decedent during childhood, there’s a chance that the judge could limit or deny that parent’s settlement share.

Learn How an Experienced Greenville Wrongful Death Lawyer Can Help

It’s crucial to note that there may be unique family situations that should be handled differently when dividing wrongful death settlements. Call Bobby Jones Law at 864-432-1759 or complete our online form for a free consultation of your case with our experienced Greenville wrongful death lawyer.

[RELATED POST]: Wrongful Death Car Accident Settlements: 3 Key Things to Know

Wrongful Death FAQs

What is a Wrongful Death Settlement?

A wrongful death settlement is compensation awarded to the surviving family through a wrongful death claim filed on behalf of a family member that died due to another individual’s negligent or intentional acts.

Who Can File a Wrongful Death Claim?

The decedent’s administrator or executor must pursue the wrongful death case. The compensation recovered will be distributed to the decedent’s surviving family members.

What Damages Are Awarded in a Wrongful Death Claim?

Some of the damages you may be able to obtain include:

  • Burial and funeral costs
  • Medical expenses associated with the deceased individual’s final injury or illness
  • Loss of financial support and related benefits
  • Loss of the decedent’s judgment, knowledge, and experience
  • Loss of the decedent’s protection, companionship, mentorship, guidance, and care
  • The pain and suffering the decedent endured prior to the death
  • Punitive damages
The team at Bobby Jones Law LLC works tirelessly for the injured in South Carolina. His achievements include:
  • More than $60 million collected for our clients
  • Multiple recoveries exceeding $1 million, including an eight-figure settlement
  • Recognized by Best Lawyers in America
  • Named among the “Best Law Firms” by U.S. News & World Report
  • Named to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Named to Super Lawyers 2017–2024
  • Member of the Million Dollar Advocates Forum
  • Selected as Legal Elite of the Upstate 2021–2023
  • Named among Super Lawyers "Rising Stars"
We’re humbled to be considered one of the top firms in the Upstate and invite you to learn what sets our award-winning legal services apart. Call or request a consultation online.
Contact Bobby
Get a free consultation

Available 24/7

"*" indicates required fields

This field is for validation purposes and should be left unchanged.