In South Carolina, the deceased person’s estate executor files the wrongful death lawsuit, but the compensation goes to specific family members as defined by state law.
The people who get money in a wrongful death lawsuit are typically the surviving spouse and children, followed by parents and then other heirs. Probate law controls who takes priority and how wrongful death compensation is split between multiple people.
Here’s what you need to know about wrongful death compensation in South Carolina. If you have further questions about a wrongful death situation, contact a wrongful death lawyer in Charleston to get answers.
Wrongful Death Beneficiaries in South Carolina
The distribution process for wrongful death awards and settlements follows state intestacy laws, which apply when someone dies without a will. These are under Title 62, Article 2. These laws protect immediate family members’ rights and ensure fair treatment for all eligible beneficiaries.
Your family members will determine how compensation is divided among eligible beneficiaries. South Carolina law establishes a clear hierarchy of who can receive compensation from a wrongful death lawsuit.
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Primary Beneficiaries: Spouse and Children
Your spouse and children have the most substantial claim to wrongful death compensation under South Carolina law. If both exist, they share the compensation according to state guidelines. The law recognizes the profound impact of losing a spouse or parent and provides first claims for financial support for these immediate family members.
When both a spouse and children survive, South Carolina law divides the compensation with the spouse receiving one-third and the children sharing the remaining two-thirds. This distribution helps ensure both the spouse and children receive meaningful support.
The law treats adopted children the same as biological children for purposes of wrongful death compensation. However, stepchildren who were never legally adopted may not have the same rights to compensation. We can help you understand the rights of all children involved in your case.
Secondary Beneficiaries: Parents and Siblings
If the deceased person had no surviving spouse or children, their parents become the primary beneficiaries. Parents often suffer tremendous emotional and sometimes financial loss when losing a child. The law recognizes their right to seek compensation for these losses.
When parents are the beneficiaries, they typically share the compensation equally. If one parent is deceased, the surviving parent receives the full amount.
Siblings may become beneficiaries only if there is no surviving spouse, children, or parents. While this is less common, the law provides for this possibility to ensure fair compensation for the deceased’s family. We can help determine if siblings have a valid claim in your case.
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Does the Executor Get Money in a Wrongful Death Lawsuit?
The executor or administrator of the estate files and manages the wrongful death lawsuit, but their position doesn’t automatically entitle them to compensation. Under South Carolina law, an executor only receives compensation from the settlement if they also qualify as a statutory beneficiary. Their role as executors is separate from their rights as family members.
The executor has a legal duty to act in the best interests of all beneficiaries. They must ensure fair distribution of any compensation according to state law, regardless of their personal relationship with the beneficiaries. If you are both executor and beneficiary, we will help you navigate these dual roles appropriately and provide clear guidance.
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How Debts Affect Wrongful Death Compensation
Many families worry about whether the deceased person’s debts will reduce their wrongful death compensation. Wrongful death settlements are generally protected from most creditors’ claims. Your family’s right to compensation takes priority over many other claims against the estate.
However, certain types of claims, such as medical bills related to the final injury or illness, may need to be paid from the settlement. We’ll help you understand which debts might affect your family’s compensation. Our team will work to maximize the amount your family receives.
Understanding these financial implications early in the process helps prevent surprises later. You can trust us to protect your family’s interests and ensure you receive the maximum compensation possible. We’ll guide you through any complications that arise.
Types of Compensation Available
A wrongful death settlement or verdict can include several types of compensation. These may cover funeral expenses, medical bills from the deceased person’s final illness or injury, and lost financial support. Your family deserves full compensation for all these losses.
The law also allows compensation for non-economic damages, such as loss of companionship, guidance, and emotional support. These intangible losses often have the most significant impact on surviving family members.
Future financial losses, including the deceased person’s expected lifetime earnings, may also be part of the compensation package. Our team will work with financial experts to accurately calculate these long-term losses.
Getting Help with Your Wrongful Death Claim
The Thumbs Up Guys at Miller, Dawson, Sigal & Ward can help you sort out who gets money in your wrongful death lawsuit. We’ll guide you through every step of the process while treating you with the compassion and respect you deserve.
We offer free case reviews to help you understand your rights and options under South Carolina law. You won’t owe us any fees unless we win compensation for your family. This commitment allows you to seek justice without worrying about upfront legal costs.
Contact us today to learn how we can help your family secure the compensation you deserve or prove you have a wrongful death case in South Carolina.
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