What information do I need to order additional death certificates?
If you do have to order additional death certificates, you will have to provide the decedent’s full name and date of death, the county where the decedent was pronounced dead, your signature and mailing address, your relationship to the decedent, and your full name, phone number, and mailing address.
Who can order death certificates in South Carolina?
After the death, the funeral home usually asks you how many certified copies of the death certificate you need. Because it takes some time to get the death certificates, you should make sure you have enough originals to hand out to those who will need them. You might need a death certificate for Social Security, the […]
Should I try to settle with the insurance company after a South Carolina wrongful death case?
Before you make that decision, keep in mind that insurance companies are in business to make a profit. If they have to pay more claims, their bottom line takes a hit. Thus, the insurance company may try to find a reason to deny your claim or make an offer that is unfair and unreasonable. For […]
How much can I recover in a South Carolina wrongful death settlement or lawsuit?
You could recover three types of damages for a wrongful death lawsuit: economic damages, non-economic damages, and punitive damages. The court would order economic damages and non-economic damages in an attempt to make you whole again. While money cannot bring back a loved one, that is the only option you have in wrongful death cases. […]
What is a survival action and do I need to file one?
A wrongful death lawsuit includes the survival action. In a nutshell, a survival action is a claim against the defendant for damages that the decedent would have recovered had he or she lived after the defendant’s actions. The survival action recovers damages to pay for any medical expenses and lost wages that the defendant incurred […]
If the estate decides to settle a South Carolina wrongful death case, does anyone have to approve the settlement?
Yes. The probate court, circuit court, or a United States District Court must approve the settlement.
How long does the estate have to file a South Carolina wrongful death lawsuit?
Yes. The defendant might receive fines and jail time, or other penalties, but he or she could still have to pay damages in a civil action. The statute of limitations for a wrongful death lawsuit is three years from the date of the decedent’s death. Keep in mind that some actions take time, so the estate should […]
Can I bring a South Carolina wrongful death lawsuit if the defendant is convicted in a related criminal case?
Yes. The defendant might receive fines and jail time, or other penalties, but he or she could still have to pay damages in a civil action.
Does a decedent’s child conceived outside of marriage share in the proceeds of a South Carolina wrongful death claim?
Yes. If a child is illegitimate, that child could also share in the children’s share of the proceeds.
Who gets the proceeds of a South Carolina wrongful death lawsuit?
The proceeds of the wrongful death lawsuit get distributed directly to the heirs as if the decedent died without a will. Because the proceeds bypass the estate, creditors who have a claim against the estate do not have a claim against the proceeds of a wrongful death lawsuit. Furthermore, because the court distributes the proceeds […]
Who can bring a wrongful death lawsuit in South Carolina?
The decedent’s estate brings the wrongful death lawsuit on behalf of the family members. If the decedent has a will, the administrator initiates the lawsuit on behalf of the estate. If the decedent died intestate (without a will), the court appoints an administrator. The wrongful death lawsuit could only be brought once the court appoints […]
What is gross negligence under South Carolina law?
For a plaintiff to recover punitive damages, he or she must show gross negligence, which is more than the simple negligence described above. Using the above example, change speeding to driving under the influence. Everyone knows that driving under the influence is likely going to cause an injury or fatal accident. A person that drives while […]