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Who can file a wrongful death lawsuit in South Carolina and how?
Wrongful death claims in South Carolina often involve structured payments. Structured payments are a method of protecting funds intended for the use of surviving children or spouses. South Carolina requires that only an executor or administrator of the estate can file a wrongful death lawsuit. This is another protective measure. If there is no executor or administrator, the court will appoint one.
Understanding the South Carolina Wrongful Death Claim Process
South Carolina has some unusual provisions in its wrongful death settlement requirements. An executor or administrator must initiate any wrongful death claim on behalf of the victim’s estate. All awarded funds go to the estate, which is divided according to the wishes of the deceased and inheritance law.
South Carolina defines wrongful death as a “wrongful act, negligence, or defect” caused by another person. The definition makes wrongful death claims similar to personal injury cases. The “default” aspect includes the same type of injuries that apply to personal injury cases. Many injuries can cause or contribute to a wrongful death. These include:
- Intentional injuries
- Injuries Based on Negligence
What is the difference between wrongful death and homicide?
Wrongful death cases are civil lawsuits, usually brought by members of the deceased’s family. These cases are separate from any criminal charges that may be filed. Being convicted of causing a wrongful death in a civil lawsuit does not result in criminal penalties such as prison time.
In criminal cases, the accused is only found guilty if found guilty “beyond a reasonable doubt.” Jury trials also require unanimous guilty verdicts from each juror. The bar for sentencing is high because of the risks of arbitrary detention or even state-sanctioned execution.
A defendant’s liability in a wrongful death lawsuit is determined by a “preponderance of the evidence.” This means that it is enough to prove that the accused is more likely guilty than not. Guilt does not need to reach the same level of near certainty required in a criminal case. South Carolina specifically allows wrongful death lawsuits in addition to criminal charges.
Who Gets Wrongful Death Award Money in South Carolina?
The money goes to the victim’s estate, and their will or probate determines how assets are divided among survivors and heirs. If there is no will, which often happens in wrongful death cases, the money is first used to pay the victim’s legal financial obligations.
The remaining funds are divided between the victim’s spouse and surviving children. If there is none, the money is allocated to the parents. If the parents are deceased, the money is shared among other heirs like a brother, sister, uncle, grandparents, cousins, etc.
What damages are awarded in wrongful death claims?
Common damages awarded in wrongful death claims include:
- Funeral and burial costs
- Medical expenses and any costs related to the injury or illness that caused the death
- Any lost wages and expenses related to the injury
- Loss of knowledge, earning capacity and judgment of the victim
- Loss of care, companionship and protection of the victim
- Pain and suffering of family members
If the act(s) causing a wrongful death were particularly heinous, exemplary damages may be awarded in South Carolina. These damages are awarded as punishment for the perpetrator, in hopes of preventing similar acts in the future.
Deadline for Filing a Wrongful Death Lawsuit in South Carolina
The statute of limitations for filing a wrongful death lawsuit in South Carolina is three years from the date of death. In South Carolina, potential financial beneficiaries must convince the executor or administrator to file.
It is essential to consult a wrongful death attorney based in Greenville, SCto understand your options and whether it makes sense to file a wrongful death lawsuit. The victim could have significant debts that could swallow up any financial reward.