Who Can File A Wrongful Death Lawsuit In South Carolina?
Losing a loved one unexpectedly is one of the most difficult experiences a family can face. When that loss is caused by someone else’s actions, many people begin to ask an important question: who is actually allowed to file a wrongful death lawsuit in South Carolina? Understanding this process can help families better navigate what comes next while honoring their loved one’s memory.
Understanding Who Has the Legal Right to File
In South Carolina, not just anyone can file a wrongful death claim. State law is very specific about who has this authority. Under South Carolina Code Section 15-51-20, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This individual is often named in a will, but if there is no will, a court may appoint someone to serve in this role.
Even though the personal representative files the lawsuit, the claim is brought on behalf of certain surviving family members. This structure ensures that the case is handled in an organized and legally recognized way.
Who Benefits From a Wrongful Death Claim?
While the personal representative files the claim, the damages recovered are meant to benefit the surviving family members. Typically, those who may benefit include:
- A spouse and children of the deceased
- Parents, if there is no spouse or children
- Heirs, if there are no immediate family members
The exact distribution of any recovery will depend on the family structure and the circumstances surrounding the case. This process is designed to provide financial support and recognition of the loss experienced by close relatives.
What Does “Personal Representative” Mean?
The personal representative plays an important role in the process. This person is responsible for managing the legal and administrative aspects of the estate, including filing the wrongful death lawsuit when appropriate.
In many cases, this may be a close family member, but it can also be someone appointed by the court. Their duties may include gathering information, coordinating with legal professionals, and ensuring that any compensation is distributed according to the law.
Why the Filing Structure Matters
You might wonder why South Carolina requires a personal representative instead of allowing family members to file individually. This structure helps prevent multiple lawsuits from being filed over the same incident and ensures that the case proceeds in a clear and unified manner.
It also creates a system where any damages awarded can be fairly distributed among eligible family members, rather than being tied to a single individual’s claim.
Contact a Professional for Pursuit of Compensation
Understanding who can file a wrongful death lawsuit in South Carolina is an important first step for families dealing with a tragic loss. While the personal representative is responsible for filing the claim, the goal is to support surviving loved ones and address the impact of the loss.
You should never consider facing a wrongful death claim alone. If you have lost a loved one, we can help. Reach out to our skilled Columbia wrongful death attorneys at The Stanley Law Group for a consultation and to learn how we can help you move forward.
Source:
scstatehouse.gov/code/t15c051.php
