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Who Can File a Wrongful Death Lawsuit?

In South Carolina, the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The surviving spouse, children, or parents may receive compensation, but they can’t file the lawsuit directly unless they’ve been named or appointed as the estate’s legal representative. That distinction matters because it can affect how and when a case moves forward.

If someone you love died because another party acted carelessly, you may have legal grounds to seek justice. At Nicholson, Meredith & Anderson, you can count on our Greenwood, SC, wrongful death lawyers to fight for accountability and the financial security your family deserves.

Who Has the Right to File and Who Can Benefit From a Wrongful Death Lawsuit?

State law doesn’t allow just anyone to file a wrongful death claim. Only the personal representative of the decedent’s estate, sometimes called an executor or administrator, can bring the case. If your loved one had a will, that person may already be named. Otherwise, the probate court will appoint someone, usually a spouse or adult child of the decedent.

While the estate files the case, the surviving beneficiaries are the ones who stand to receive compensation. The law prioritizes the following people:

• The spouse and children
• If there are no children or spouse, the surviving parents
• If no parents survive, then the heirs under SC’s intestacy laws

It likewise explains how the money is distributed. In most cases, the goal is to match how the person’s assets would have been passed down if they had died without a will.

It’s crucial to note that wrongful death lawsuits do more than help your family. They also expose patterns, unsafe practices, or negligent systems that might otherwise stay hidden. 

Filing a claim can shine a light on what went wrong and pressure those responsible to change. Your loved one’s story doesn’t have to end in silence. When you speak up, you automatically help protect other families from suffering the same heartbreak.

How a Greenwood, SC, Wrongful Death Lawyer Can Serve You

Filing a wrongful death claim is more than submitting paperwork. It involves interviews, medical records, accident reconstructions, insurance negotiations, and strict court deadlines. In SC, you have three years from the date of death to file your claim, but certain delays can put your case at risk. Here’s how a Greenwood, SC, wrongful death attorney can help you:

• Give you a clear explanation of your options without using confusing legal jargon.
• Gather the evidence needed to build a strong case, including police reports, witness statements, and financial records.
• Identify all possible sources of compensation, from liability insurance to third parties.
• Stand up to insurance providers that try to minimize what your family has lost.
• Handle every step of the legal process while keeping you updated and involved.

You shouldn’t have to track down paperwork or legal answers while grieving. Your lawyer will take care of the legal process so you can take care of yourself and your family.

Let Our Compassionate Greenwood, SC, Wrongful Death Attorneys Handle Your Case

You don’t need to have everything sorted when you talk to our Greenwood, SC, wrongful death lawyers. If you’re unsure whether you have a case or what your next steps should be, reach out to Nicholson, Meredith & Anderson at 864-229-7241 or contact us online to schedule your no-cost case evaluation.