Who Gets the Money for a Wrongful Death Settlement?

April 22, 2024 – Paul Hammack

South Carolina Personal Injury Lawyers | Hammack Law Firm | Call 864-326-3333

According to S.C. Ann §15-51-20, the following people can get money for a wrongful death settlement when filing on behalf of the decedent (deceased individual):

  • The spouse
  • Their children
  • The parent(s) or legal guardian(s)
  • A legal heir

South Carolina also requires an executor or administrator to file the wrongful death lawsuit, but only qualifying surviving family members may collect compensation. If you want to take civil action on behalf of your loved one, one of our wrongful death attorneys can assist you.

You May Be Able to Recover Different Types of Wrongful Death Damages

Losing someone you care about unexpectedly can cause a major disruption to your life. From financial burdens to emotional losses, you and other surviving family members may be struggling to cope with sudden damages on top of your grief.

Our team can help you pursue compensation for various damages associated with your loved one’s death, including damages caused by the factors that led to their death and future damages you might experience. You may be able to recover compensation for the following types of damages:

  • Medical expenses: If your loved one was receiving medical treatment up until their death, you may recover the medical debt you inherited from them. This damage category includes costs for emergency room treatment, hospitalization, ambulance rides, medications, surgeries, and other medical care services.
  • Funeral expenses: Funeral services can be expensive, especially if your loved one does not have a life insurance policy to assist you. We can help you recover the costs for these services, including costs to bury or cremate your loved one.
  • Pain and suffering: This category can apply to you, your family, and your loved one. We can factor the physical and emotional pain your loved one felt until their passing, as well as the grief you and your family will suffer both now and in the future.
  • Loss of consortium: Each family member has a role to play, so when one dies unexpectedly, this can drastically change the family dynamics. We can account for how your loved one’s death affected their personal relationships.
  • Loss of financial income: If your loved one contributed to the household income, we can calculate this financial loss and demand compensation. We may also be able to recover compensation for future loss of income.
  • Property damage: If your loved one’s property was damaged in the fatal event, we could account for costs to fix their property or replace it. One common example of property in these cases includes a vehicle.

You may be entitled to claim other damages not listed in this section. Our team can review your case for free and assess how much compensation to pursue on your behalf.

Remember, You Must File Your Wrongful Death Case By its Deadline

In South Carolina, wrongful death cases must be submitted within three years of the victim’s death, per S.C. Ann §15-3-530. Our team can keep track of your case’s filing deadline so that it is submitted on time, as failure to do so can result in you losing your opportunity to pursue compensation.

Our Attorneys Can Manage Your Case for You While You and Your Family Grieve

Building a wrongful death case can be exhausting and overwhelming for people who are still coping with the loss of their loved one, especially because it will involve having to relive the traumatic event of their death.

Our team wants to be mindful of your grief and provide comfort in your time of need. We can manage your case for you while your family grieves privately, and we will keep you updated on how your case is moving forward. Some of our case updates may include:

  • Which party or parties we have identified as liable for your loved one’s death
  • Whether we’ve discovered new evidence or information during our investigation into your case
  • Notices and other messages sent by insurance companies, attorneys, and other interested parties, which we can also respond to on your behalf
  • What type of paperwork we must fill out to submit your case
  • Whether you’ve received any settlement offers from the opposing party
  • Whether your case is nearing the statutory deadline and if you should consider filing a lawsuit
  • Court hearing dates and whether you need to attend

Our legal team can serve as your advocate during negotiations, but the final decision to accept a settlement offer or file a lawsuit remains yours. If necessary, one of our lawyers can present your case and continue your fight toward compensation.

Get a Free Case Evaluation From the Attorneys at Hammack Law Firm Today

To learn more on who gets money for a wrongful death settlement regarding your family, get a free consultation with Hammack Law Firm. After we review your case, we can have one of our attorneys get to work. Get started today.

Questions or Schedule An Appointment? Call Us:

(864) 326-3333

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