In South Carolina, the executor or administrator of a decedent’s estate can file a wrongful death claim on behalf of the decedent’s family members. The executor or administrator may be listed in the deceased’s estate plan. If no estate plan exists, then the court may appoint an administrator.
South Carolina Code of Laws, Title 15, Chapter 51 covers wrongful death claims. According to § 15-51-20, certain close family members can pursue compensation. The family members that may be eligible for compensation through a wrongful death lawsuit.
The law states:
- If the deceased was married at the time of their death, their spouse may file a wrongful death lawsuit.
- Any children of the deceased may also be able to file a claim.
- If the deceased wasn’t married and didn’t have any children, their parents can pursue a wrongful death claim.
- If there is no living spouse, children, or parents, then a lawsuit can be pursued “for the benefit of the heirs of the person.”
If you have any questions about your eligibility to file a wrongful death lawsuit, you should speak with an attorney.