Surviving family members have the grounds to file a wrongful death claim if their loved one's passing was caused by negligence. Most wrongful death actions in South Carolina are based on auto accidents, medical malpractice, or nursing home neglect. The purpose of such an action is to compensate the family for the grief, loss of companionship, loss of income, and funeral expenses incurred due to their loved one's death.
Wrongful death claims are brought by the "Personal Representative" on behalf of the estate. In other words, the personal representative - formerly known as executor or administrator - serves as the client, and is required to act in the best interest of the estate (i.e. the beneficiaries). Any compensation received from the claim or lawsuit will be distributed among the beneficiaries based on a will, or if no will exists, then based on South Carolina law.
If you believe your family member's death was the result of someone else's negligence or recklessness, you have the right to seek answers. And if we are able to prove certain facts, your family has grounds to seek compensation under South Carolina law. Wrongful death actions cannot bring your family member back, but they can help stabilize your family as you seek to move forward. Do not wait on an insurance company or corporation to treat you fairly. Instead, contact an attorney with experience helping families through this difficult time. You can reach my Columbia, SC office today at 803-790-2800.