Frequently Asked Questions

  • Who may be compensated for wrongful death claims in South Carolina?

    Family members who are “heirs” under South Carolina Probate laws may recover for the wrongful death of their relative.  Depending on the circumstances, this is usually the spouse and children of the deceased.

  • Can I sue on behalf of a family member who has died from injuries caused by the negligence of another?

    If the Probate Court has appointed you as Personal Representative of your family member’s estate, you can bring a South Carolina wrongful death lawsuit.

  • My loved one was killed because someone was negligent.  What are my rights?

    When someone is killed due to the negligence of another, South Carolina statutes provide for what is known as a Wrongful Death action.  The case must be pursued by the Personal Representative of the estate of the deceased person for the benefit of beneficiaries listed in the statute.  Subject to some exceptions, the statutory beneficiaries for a married man with children, for example, would be his wife and children.

    A wrongful death may also give rise to what in South Carolina is called a survival action.  This is an action that may be brought on behalf of the estate of the deceased person, by the Personal Representative, to recover funeral and burial expenses and to recover for any conscious pain and suffering that occurred prior to death.

  • The attorneys of Whetstone Myers Perkins & Fulda treat clients who are suffering the devastating loss of a loved one with compassion and respect. To learn more about our experience in wrongful death lawsuits contact our South Carolina wrongful death attorneys.




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