Wrongful death claims can be difficult to navigate, both legally and emotionally. While you and your family are reeling from your tragic loss, your attorney can help you get fair financial compensation. However, only certain people may be able to file a wrongful death case, and not everyone may be entitled to damages.
While family members might want to take legal action, only the deceased person’s personal representative may actually file the case. This is usually someone named in a will to handle the deceased’s estate, and it is often a close family member, friend, or attorney. While the personal representative files the case, immediate family members, including spouses, children, and parents, may be entitled to damages. Damages may be distributed as if the deceased person died intestate, barring special circumstances.
For a private, free review of your claim, call our South Carolina wrongful death lawyers at Rice Law at (803) 219-4906.
Who Files a Wrongful Death Case in South Carolina
While many people might feel the tragic loss of a loved one, only specific people may file a wrongful death claim in civil court. If you recently lost a loved one because of another person’s negligent actions, contact an attorney about how to file a wrongful death case.
According to S.C. Code Ann. § 15-51-20, the deceased person’s personal representative must file the case. The personal representative is usually someone named in the deceased person’s will and represents their estate during the probate process. It may be a family member, friend, or even the deceased person’s attorney.
Suppose nobody is named as the personal representative, or your loved one passed away without a will. In that case, our South Carolina wrongful death lawyers can help you have a personal representative appointed. We can ask a judge to appoint someone for the purpose of filing a wrongful death case.
Who May Benefit From a Wrongful Death Case
While only the personal representative may file a wrongful death case in most instances, they are not the only person involved. The deceased person’s family members may also be parties to the case, and they may be entitled to receive damages for their tragic loss.
Benefits may be awarded to people based on a sort of legal hierarchy. First, the deceased person’s surviving spouse and children may receive damages from the wrongful death case. However, if the deceased person had no spouse or children, their parents may recover damages in the case.
If the deceased person has no surviving spouse, children, or parents, others named as heirs in their will may be entitled to damages. This may include anyone the deceased person felt the need to include in their will. While this is a somewhat unusual situation, it is still possible.
How Damages Are Distributed in South Carolina Wrongful Death Cases
It can be difficult to divide damages in a wrongful death case among family members in a way that everyone agrees is fair. Different people may have had different relationships with the deceased and feel entitled to a certain portion of the overall damages award.
According to S.C. Code Ann. § 15-51-40, damages may be distributed the same as if the deceased person had died intestate. Generally, spouses and children tend to take the largest share, while other family members, if any, may take the rest.
However, an interested party (i.e., a beneficiary) may move to limit one or both parents’ entitlement for damages if they can prove by a preponderance of the evidence that one or both parents failed to provide support for the deceased person during their minority.
Who Can Negotiate a Settlement in a Wrongful Death Case?
One of the most common ways that civil cases, including wrongful death cases, are resolved is through settlement agreements. However, since so many different people may be involved in a wrongful death claim, it may be difficult to decide who gets to negotiate a settlement.
According to S.C. Code Ann. § 15-51-42(A), the personal representative is the only person authorized to accept a settlement agreement for a wrongful death. This might be a simple solution if the representative is a family member, like the deceased person’s surviving spouse. Even so, the situation may be fraught if other family members disagree about the settlement.
While the personal representative may finalize the settlement, various beneficiaries may be involved in negotiations. Surviving spouses, adult children, parents, and possibly others may need to make their losses and pain clear so that a fair and just settlement can be reached.
Damages You Can Claim in a Wrongful Death Case
Wrongful death cases tend to result in significant damages awards. Not only might families experience significant financial burdens because of their loss, but their pain and suffering might be immense. Not only that, but your specific damages may vary based on your relationship with the deceased person.
Immediate family members, like a spouse, often deal with funeral and burial costs. Funerals are known to be very expensive, and this may be a big part of your damages. A spouse may also claim non-economic damages for the loss of consortium and companionship of their spouse.
Suppose the deceased person was a caregiver for their older or infirm parent. The surviving parent may claim economic damages for the money they have to spend to replace their child’s caregiving services. They may also claim non-economic damages for the loss of their child.
If a child loses their parent, they can claim the loss of financial support and parental loved and guidance. These damages may be quite significant if the child is young and could have expected many more years with their parent.
Call Our South Carolina Wrongful Death Lawyers for Legal Support Now
For a private, free review of your claim, call our South Carolina wrongful death lawyers at Rice Law at (803) 219-4906.