Who Can File a Wrongful Death Suit?

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If somebody you love has lost their life due to the negligence, careless, or intentional actions of another person or entity in South Carolina, you may be entitled to compensation through a wrongful death lawsuit. At The Jeffcoat Firm, our attorneys will conduct a full investigation into your case in order to secure the closure and coverage you need. Here, we want to discuss who is able to file a wrongful death claim under South Carolina law.

Who can file a South Carolina wrongful death claim? 

Every state is responsible for regulating who is allowed to file a wrongful death lawsuit. Under South Carolina Code of Laws section 15-51-10, all wrongful death claims must be filed by the executor or the administrator of the deceased’s estate. 

The executor or the administrator will typically be named and the deceased’s estate plan. If the deceased had no estate plan or will, then the court will appoint an executor or administrator. 

However, while the administrator or executor of the estate is responsible for filing the wrongful death claim, they are pursuing damages on behalf of the deceased’s surviving family members. In a South Carolina wrongful death case, the following people may recover compensation in these cases:

  • Surviving spouse and children of the deceased 
  • Surviving parents of the deceased if there is no surviving spouse or child 
  • Other heirs of the deceased if there are no surviving parents, children, or spouse 

While parents can recover compensation in a wrongful death claim for an adult child, this is not the case if a parent abandoned their child before the child turned 18 years of age.

We offer a free consultation

If you need a wrongful death attorney in South Carolina, let the team at The Jeffcoat Firm help you today. We have a thorough understanding of the wrongful death laws in this state and have a track record of success to bring to your side. You can contact us for a free consultation of your case by clicking here or calling us at 803-373-1302.

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