Losing a loved one due to someone else’s negligence is devastating. On top of the grief, you’re suddenly facing questions you never expected to ask: Who handles the legal claim? How will any settlement money be distributed? Will it come all at once, or over time?
If you’re dealing with a wrongful death case in Greenville or anywhere in South Carolina, understanding how settlements are paid can help you plan for the future and ensure your family receives the compensation they’re entitled to. Bobby Jones Law handles serious wrongful death cases and fights to hold corporate defendants and negligent parties accountable for the harm they’ve caused. Serious cases. Serious results.
Call an experienced Greenville wrongful death lawyer at 864-362-2640 today for a free consultation. No fee unless we win.
Understanding wrongful death claims in South Carolina
A wrongful death occurs when someone dies because of another party’s wrongful act, neglect, or negligence. South Carolina law allows surviving family members to pursue a wrongful death claim when their loved one dies due to someone else’s harmful actions. These cases arise from many situations: car accidents caused by reckless drivers, truck crashes involving negligent trucking companies, medical mistakes, nursing home abuse and neglect, workplace accidents, and other incidents where corporate defendants or individuals put profits or convenience over safety.
The purpose of a wrongful death claim is to compensate surviving family members for their losses. This includes economic damages, such as lost financial support and funeral expenses, as well as non-economic damages, including loss of companionship and emotional distress.
In many cases, South Carolina gives families three years from the date of death to file a wrongful death claim. While this may seem like plenty of time, evidence can disappear, and witnesses’ memories can fade. The sooner you contact us, the stronger your case will be.
Who receives the money from a wrongful death settlement?
One of the most common questions grieving families ask is: Who actually gets the settlement money? South Carolina law is specific regarding this matter.
Wrongful death claims are brought by the personal representative (also called the executor or administrator) of the deceased person’s estate. However, the personal representative doesn’t keep the money. Under S.C. Code § 15-51-20, it goes to statutory beneficiaries defined by law.
South Carolina recognizes the following beneficiaries in order of priority:
The surviving spouse and children receive first priority. When both exist, the settlement is divided between them. A surviving spouse with no children receives the entire settlement. When there are children but no spouse, the children share the full amount equally.
Parents become beneficiaries when there’s no surviving spouse or children, dividing the settlement equally between them.
Other heirs may qualify under South Carolina’s intestate succession laws when none of these family members survive. These could include siblings, grandchildren, or other relatives.
Wrongful death settlements are not distributed according to the deceased person’s will. South Carolina law determines who receives the funds based on family relationships, regardless of what any estate planning documents say.
Have questions about who qualifies as a beneficiary in your case? Call Bobby Jones Law at (864) 432-1620 for a free consultation.
Lump sum payments vs. structured settlements
When a wrongful death case settles, compensation can be paid as a lump sum or through a structured settlement. Each option has advantages that families should understand before agreeing to settlement terms.
Lump sum payments
A lump sum payment means the entire settlement amount is paid at once. This is the most common approach. Once the settlement is finalized and approved by the court, the defendant (usually through their insurance company) pays the full amount to the personal representative, who then distributes it to the beneficiaries.
Lump sum payments offer immediate access to funds, which can be critical for paying off medical bills accumulated before the death, covering funeral and burial expenses, and addressing urgent financial needs like mortgage payments or living costs.
However, managing a large sum requires careful planning. For some families, especially those with minor children as beneficiaries, a structured settlement may be better.
Structured settlements
A structured settlement pays compensation over time through a series of scheduled payments rather than a single lump sum. The payments are typically funded through an annuity purchased by the defendant or their insurance company.
Structured settlements provide long-term financial security by creating a steady stream of income over months, years, or even decades. This approach helps protect against the risk of quickly spending a large settlement and can be especially valuable for families who depended on the deceased for ongoing financial support.
Payment schedules can be customized to meet specific needs. Some families opt for larger payments during certain periods (like when children reach college age) or choose inflation-adjusted payments to preserve purchasing power over time. Others negotiate a combination of both methods: an initial lump sum to cover immediate expenses followed by structured payments for long-term security.
Serious wrongful death cases require serious attention to these financial planning decisions. Bobby Jones takes the time to understand each family’s unique needs and helps ensure settlement terms actually serve your long-term interests.
How settlement funds are divided among family members
South Carolina law dictates exactly how wrongful death settlement proceeds must be distributed among beneficiaries. The settlement is divided among beneficiaries in the same shares they would receive if the deceased had died without a will and the settlement funds were personal assets of the estate.
Here’s how distribution works:
When there’s a spouse and children: The spouse receives one half of the settlement, and the children equally divide the other half. For example, if a husband and father of three children dies, his widow would receive 50% of the settlement, and each of the three children would receive approximately 16.7% of the settlement.
When there’s only a spouse: The surviving spouse receives the entire settlement amount.
When there are only children: The children share the entire settlement equally among themselves.
When parents are the closest survivors: They divide the settlement equally. However, the court can deny or limit a parent’s share if evidence shows that the parent failed to provide support for the deceased during their childhood.
When more distant relatives survive: Other heirs may qualify based on South Carolina intestate succession laws, including siblings, grandchildren, or other relatives.
One important consideration involves minor children. When a wrongful death settlement includes funds for children under 18, South Carolina law requires special protections. If a minor’s share exceeds $15,000, the court must appoint a conservator to manage those funds until the child reaches adulthood.
The court approval process for wrongful death settlements
Unlike most personal injury settlements, wrongful death settlements in South Carolina require court approval before any payout can occur. This requirement protects the interests of all beneficiaries.
Only a duly appointed personal representative has the authority to settle a wrongful death claim. Before any settlement becomes final, the personal representative must petition the court for approval.
The petition must include detailed information, including the basic facts surrounding the death, the facts establishing the defendant’s liability, the settlement terms, the identities of all statutory beneficiaries, and any creditor claims. If the personal representative is represented by an attorney, the attorney must sign a certificate confirming that the settlement is fair, reasonable, and in the best interests of the beneficiaries.
The court then schedules a hearing to review the evidence and determine whether to approve the settlement. This process ensures that corporate defendants and insurance companies can’t take advantage of grieving families by pressuring them into settlements that don’t adequately compensate their losses.
Bobby Jones fights for fair settlements that reflect the true value of your loss. Call 864-362-2640 to discuss your case.
What deductions are taken before you receive payment?
The settlement amount you agree to isn’t necessarily the amount that ends up in the beneficiaries’ hands. Several deductions typically come out before distribution:
Attorney fees and case costs are usually the largest deduction. Bobby Jones Law works on a contingency fee basis, like most wrongful death lawyers in South Carolina. This means you pay no upfront costs, and we only get paid if you recover compensation.
Outstanding medical bills incurred before the death may need to be paid from the settlement, especially if healthcare providers have placed liens on any recovery.
Funeral and burial expenses that haven’t already been covered are typically reimbursed from the settlement proceeds.
Estate debts and creditor claims may also need to be addressed before funds are distributed to beneficiaries.
After these deductions, the remaining amount is distributed to beneficiaries in accordance with South Carolina’s distribution rules.
Tax considerations for wrongful death settlements
Compensatory damages for physical injuries or death are generally not subject to federal income tax. This includes compensation for medical expenses, funeral costs, lost financial support, and pain and suffering.
However, punitive damages are taxable. South Carolina allows punitive damages in wrongful death cases when the defendant’s conduct was reckless, willful, or malicious. If your settlement includes punitive damages, that portion will be considered taxable income.
Because tax situations vary, consult with a tax professional before and after receiving wrongful death compensation.
How long does it take to receive wrongful death settlement payments?
The timeline for receiving wrongful death settlement funds varies based on several factors:
Case complexity affects how long it takes to reach a settlement. Cases involving multiple defendants, disputed liability, or catastrophic damages typically take longer to resolve. Bobby Jones Law doesn’t shy away from complex litigation and is willing to take cases to trial when that’s what it takes to secure fair compensation.
Court approval adds time to the process. Once a settlement agreement is reached, the court approval process typically takes several weeks to a few months.
Payment processing is the final step. For lump sum payments, expect to receive funds within 30 to 60 days after the court approves the settlement and all paperwork is completed. For structured settlements, the annuity must be purchased and set up before payments begin.
Most wrongful death cases resolve within one to three years, though some settle more quickly and others take longer.
Frequently asked questions about wrongful death settlements
Can beneficiaries agree to divide the settlement differently than state law requires?
In some situations, beneficiaries can agree among themselves on a different distribution. However, the court ultimately has the authority to approve or disapprove any distribution plan and will generally ensure that the arrangement is fair and protects vulnerable beneficiaries, such as minor children.
What happens if there’s a dispute among beneficiaries?
When beneficiaries disagree about settlement distribution, South Carolina courts have procedures to resolve conflicts. Mediation is often required before the court will hear arguments. If mediation fails, the court holds a hearing and decides distribution based on South Carolina law.
Does the personal representative receive part of the settlement?
The personal representative doesn’t automatically receive a share of the wrongful death settlement unless they’re also a statutory beneficiary (such as a surviving spouse who serves as executor). The personal representative’s role is to bring the claim on behalf of the beneficiaries and ensure proper distribution of funds.
What if the person who caused the death has no insurance or assets?
When the at-fault party has limited or no insurance and few assets, recovery options may be limited. However, an experienced wrongful death attorney can identify all potentially liable parties, including corporate defendants, employers, or other entities that may share responsibility and have insurance coverage.
Serious Cases Require Serious Legal Representation
Wrongful death cases are among the most complex and emotionally difficult legal matters. The stakes are high, the legal requirements are specific, and insurance companies representing corporate defendants will fight to minimize what they pay.
Bobby Jones Law focuses on serious cases that require serious legal work. Serious cases. Serious results. With more than $60 million recovered for clients, Bobby Jones has the experience and willingness to take on insurance companies and corporate defendants who refuse to accept responsibility for the harm they’ve caused.
When someone dies because of negligence, recklessness, or corporate greed, the responsible parties must be held accountable. Bobby Jones meets with clients face-to-face because he wants to know who he represents and build genuine relationships. You’re not just a case number.
If you’ve lost a loved one due to someone else’s negligence in Greenville or anywhere in South Carolina, call 864-362-2640 for a free consultation. No fee unless we win.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts and circumstances.
