Who Gets the Money in a Wrongful Death Lawsuit?

Wrongful Death Case

Wrongful death happens when somebody dies because of another person or entity’s wrongful act, neglect, or default. The dead person must have been able to recover the damages had he or she survived.

Who Can Sue?

Wrongful death suits in South Carolina can only be brought by or in the name of the personal representative of the estate of the deceased and only on behalf of his or her spouse, children, parents, or heirs.

Who Gets the Money?

The money goes first to the surviving spouse and the children. If there is no spouse or children, then the decedent’s surviving parents recover. If there is no surviving spouse, child, or parent, then the decedent’s heirs at law would recover. Parents who abandoned a child while the child was a minor may not recover based on that child’s death.

What Damages Are Available?

The damages are those suffered by the survivors and include: medical expenses for the decedent, funeral costs, loss of support, loss of companionship, loss of services, and loss of parental guidance. Pain and suffering may also be available.

Can Punitive Damages Be Awarded?

Yes, if the conduct that caused the death was deliberate or reckless, or malicious, punitive, or exemplary, damages may be awarded.

Can You Settle a Wrongful Death Case?

Yes, but the court must approve the settlement.

How Much Can You Recover?

While there are no limits to economic damages, there are limits to non-economic damages recoverable in South Carolina. It is important to consult with an experienced wrongful death attorney to help maximize your recovery.

Robert “Bobby” Jones has concentrated his practice in wrongful death and personal injury law for more than a decade. In that time, he has recovered over $40 million for his clients. Speak to Bobby today to discuss your wrongful death claim and work with a trusted Greenville wrongful death lawyer today.

Frequently Asked Questions

Can anyone file a wrongful death suit in South Carolina?

No. The claim must be filed by or in the name of the personal representative of the estate on behalf of the decedent’s family or heirs.

Who gets the money?

The recovery goes, in order, to the surviving spouse or children (including illegitimate children), the surviving parents, and, if there are none of those, the decedent’s heirs at law.

How much is a wrongful death case worth?

Every wrongful death claim is different, and the value of your case will depend on a number of factors.

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