Thursday, June 13, 2024

South Carolina Wrongful Death Lawsuit: Who is Eligible to File a Case?

In South Carolina, a wrongful death suit can be filed against someone if they are deemed negligent in an accident resulting in another person’s death. The party responsible for the injury or death must prove that the accident was caused by negligence and that they are eligible to file a case.

Who is Eligible to File a Wrongful Death Lawsuit in a Case?

  1. Surviving spouse and any children of the deceased victim

You may file a wrongful death lawsuit if you are a surviving spouse or child of the dead victim. A spouse is someone who married in good faith and was not legally separated from their spouse at the time of death.

It would help if you first established that the person who died was your spouse or child. You will need to show that you were close enough to the deceased that they were considered family by you. This can be demonstrated by having lived together for an extended time. You have shared property and debts and have given birth to any children.

You don’t need to live together continuously; no minimum length of time is required before filing a lawsuit for wrongful death.

If you are not married but have children with your partner, they may also be eligible for compensation if your partner dies from an accident or disease caused by negligence on the part of another person.

  1. The decedent’s parents

In South Carolina, wrongful death cases are filed by the decedent’s parents when the death occurred due to negligence or wrongful act of another person. Parents are legally responsible for their children, and if one of these children is killed due to someone else’s negligence or wrongdoing, parents may be able to get legal help from wrongful death lawyers to file lawsuit against that person.

  1. The decedent’s representative

A personal representative is an individual appointed by the decedent’s executor or administrator (such as a conservator or guardian) to act on their behalf in dealing with the deceased’s property and estate.

The personal representative must be someone with authority to make decisions about the decedent’s estate, such as having access to bank accounts and real estate. They may also be able to receive money from insurance policies or other sources.

  1. Heirs of the deceased

Heirs of the deceased may file a wrongful death lawsuit. The type of heirs that may file for a wrongful death depends on the state the decedent was domiciled at the time of death. In general, if the decedent’s domicile was in a state that allows wrongful death lawsuits, then that state’s law will govern whether or not heirs may file a wrongful death lawsuit.

Suppose you are an heir to a person who died from an accident involving someone else’s negligence and believe that the other person should be held accountable for their actions and damages. In that case, you may want to consider filing wrongful death claims in your state of residence.


The eligibility of a case is based on the relation or connection between the individual and the one who passes away. One can file a wrongful death suit against the person who caused it, but if they are not related by blood to the deceased, then she should build a strong case and have proper evidence before filing a lawsuit in court.

Lindsey Ertz
Lindsey Ertz
Lindsey, a curious soul from NY, is a technical, business writer, and journalist. Her passion lies in crafting well-researched, data-driven content that delivers authentic information to global audiences, fostering curiosity and inspiration.

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