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When you lose a loved one in an accident, it’s right—and even good—to consider pursuing legal action in a wrongful death and survival case. It may prevent another family from suffering the same needless loss as you, as we noted in an earlier article on why injury law is needed.
The settlement, usually from an insurance company, can also provide desperately needed financial benefits to replace lost income to support a spouse and children stripped of a wage earner.
And there’s a justified emotional component too—it vindicates the rights of the victim and family by holding the wrongdoer accountable.
The real question is, how much of a settlement should you get for a South Carolina wrongful death? That’s a complex legal issue that we, as professionals, work hard to answer, gathering evidence to prove South Carolina wrongful death settlement factors to arrive at a proper figure.
To protect the rights of those who need the settlement the most, South Carolina law sets out how settlements are split in these cases.
If you read our article on wrongful death and survival cases above, you know these cases often have two parts. I’ll show you how each works.
Get your questions answered in a free*, no pressure strategy session by a Spartanburg, SC wrongful death attorney. Call toll free at (864) 582-0416 or fill out a Get Help Now form.
South Carolina Code section 15-51-40 requires death settlements to be divided among certain family members. This means the victim’s will isn’t a factor.
Basically, the settlement is typically divided as follows:
These are typical splits. Other unique family situations may cause a different result. Call our Spartanburg office at (864) 582-0416 or fill out a contact form here if you have a unique situation that may require help from a legal professional.
Survival benefits are for the victim’s estate. This money is an estate asset that must go through probate. After that, any remainder gets distributed according to the victim’s will. If the victim left no will, the money gets divided according to probate law—which is similar to, but a little different from, the wrongful death settlement splits above.
To keep funds from being tied up in probate or possibly falling prey to estate taxes, I usually advise clients to divide settlements so the survival part just pays medical and funeral bills, if we can.
Just figuring out who qualifies to participate in a death settlement can be confusing, which is the last thing grieving family members need. You’ve already been through so much. You don’t need to relive this awful experience over and over again by trying to deal with it yourself. And insurance companies take advantage of grief and fatigue to shortchange victims’ families in cases like this.
Plus, the settlement’s going to land you in court anyway. You need a lawyer to give you assurance your benefits will be maximized in this one-time chance to make the victim’s voice heard and provide for a grieving family.
If you’ve got questions whether a family member’s passing away qualifies for a fatal accident settlement, feel free to fill out a Get Help Now form right on this page to get answers from an experienced wrongful death attorney. You can also check out what other clients say about us on our website.
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