How To Divide A Wrongful Death Settlement: Here’s What You Need To Know

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Compensation from wrongful death claims could come from negotiated settlements with the liable parties or jury verdicts after winning the case. Wrongful death settlements in South Carolina are divided among the deceased person’s surviving family members as follows:

  • The Spouse – One-half of the settlement will go to the surviving spouse. The spouse gets everything if the decedent does not have any surviving children.
  • The Children – The children get everything if the decedent doesn’t have a surviving spouse. Otherwise, one-half of the settlement will be divided among the children equally. For example, if a father of two died in a car accident, half of the wrongful death settlement will go to the widow, while the other half will be split between the two children. However, keep in mind that children will only receive their share of the compensation when they become adults.
  • The Decedent’s Parents – The settlement will be split equally between the decedent’s parents. However, if the court discovers that one of the parents failed to support the decedent during childhood, the court has the right to limit or deny that parent’s share.
  • Heirs at Law – The heirs at law or next of kin, including the decedent’s siblings and/or grandparents receive the settlement money if there are no spouse, children, and/or parents.

Consult with an Experienced Wrongful Death Lawyer

Contact the Dan Pruitt Injury Law Firm at 864-280-7660 or online if you are considering filing a wrongful death claim. During your free consultation with our skilled South Carolina wrongful death lawyer, you’ll learn more about your options and how a wrongful death settlement might be divided among your family members.

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Wrongful Death FAQ

Who pays compensation for a wrongful death case?

The liable party’s insurance provider typically pays the compensation of plaintiffs in wrongful death claims. However, the defendant will be responsible for paying compensation if they don’t have an insurance policy.

Is there a statute of limitations for wrongful death cases?

In South Carolina, the statute of limitations or deadline for filing a wrongful death case against the liable party is three years within the victim’s date of death.

Do I have a wrongful death claim?

If your loved one or family died due to another individual or entity’s intentional or accidental act, you might have a claim for wrongful death.

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