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.
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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
