Who Gets The Money In A Wrongful Death Lawsuit?

If you have lost somebody you love due to the careless or negligent actions of another party in South Carolina, you and your family may be entitled to compensation through a wrongful death lawsuit. At Jeffcoat Injury and Car Accident Lawyers, we are ready to stand by your side during this difficult time. We understand that you likely have many questions, including who gets the money after a successful wrongful death claim has been resolved. Our wrongful death lawyers are ready to get to work on your behalf.

Who gets precedence when it comes to wrongful death compensation? 

South Carolina Code of Laws Section 15-51-10 specifies that the executor or administrator of the deceased person’s a state is responsible for filing a wrongful death claim, but that they are doing so on behalf of the family members of the deceased. State law also specifies which surviving family members are to receive compensation after a successful wrongful death claim. This includes the following:

  • The surviving spouse and children of the deceased 
  • The surviving parents of the deceased if there is no surviving spouse or child 
  • Other heirs afforded rights under SC intestate laws if there are no surviving parents, spouse, or children 

South Carolina law states that parents are eligible to recover compensation in a wrongful death lawsuit for their adult child unless the parents abandoned their child before the child turned 18 years of age. 

SC intestate laws determine what happens to a person’s estate if they pass away without a will, and the person’s estate typically goes to the same people and in the same precedence listed in the wrongful death statute. 

Call us for a free consultation today

If you have lost a loved one, and their death was caused by the negligent or intentional actions of another person or entity, contact Jeffcoat Injury and Car Accident Lawyers today. Our wrongful death lawyers are ready to conduct a full investigation into your case. Our goal is to secure the compensation you need, and you can contact us for a free consultation of your case by clicking here or by calling us at (803) 373-1706.